SC on Specific Performance: Plaintiff dutybound to prove his means and willingness to Pay Consideration. [Read the Judgement]

Specific Performance Suit, pic by: YouTube

10 Feb 2020

Categories: Latest News Case Analysis

In its judgement delivered Friday, the Supreme Court of India has held that it is mandatory on the part of the plaintiff in a Specific Performance Suit to prove that he has the means to generate the consideration amount.

The judgement came out in a case titled as C.S. VENKATESH vs. A.S.C. MURTHY (D)

It was during the hearing of the said case, the Court was considering an appeal arising out of a specific performance suit. The Trial Court had dismissed the suit by holding that the plaintiff had failed to prove that he was ready and willing to perform the contract. The High Court allowed the appeal and the defendants approached the Apex Court challenging the High Court judgement.

The topic raised before the Apex Court was whether the plaintiff was ready and willing to perform his part of the contract.

In this regard, the bench reiterated the concept of 'readiness and willingness' as stated as follows:

"The words 'ready and willing' imply that the plaintiff was prepared to carry out those parts of the contract to their logical end so far as they depend upon his performance. The continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of performance. If the plaintiff fails to either aver or prove the same, he must fail. To adjudge whether the plaintiff is ready and willing to perform his part of the contract, the court must take into consideration the conduct of the plaintiff prior, and subsequent to the filing of the suit along with other attending circumstances. The amount which he has to pay the defendant must be of necessity to be proved to be available. Right from the date of the execution of the contract till the date of the decree, he must prove that he is ready and willing to perform his part of the contract. The court may infer from the facts and circumstances whether the plaintiff was ready and was always ready to perform his contract. "

The bench then took note of the evidence presented on record and held that there is absolutely no evidence to show that the plaintiff has the means to make arrangements for payment of consideration under the reconveyance agreement.

The Top Court thus restored the Trial Court judgement and said:

Mere plea that he is ready to pay the consideration, without any material to substantiate this plea, cannot be accepted. It is not necessary for the plaintiff to produce ready money, but it is mandatory on his part to prove that he has the means to generate the consideration amount.

The judgement has been delivered by Justice Abdul Nazeer and Justice Deepak Gupta on 07-02-2020.

Read Judgement Here:

Tags : Supreme Court HIGH COURT

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