Plaintiff to prove that he has means to generate consideration amount: SC

The on 8th February 2020 has observed in C.S. Venkatesh Vs A.S.C. Murthy, (2009) case that it is mandatory on the part of the in a suit to prove that he has the means to generate the amount. The continuous readiness and willingness on the part of the is a condition precedent to grant the relief of performance. The bench of Justices Abdul Nazeer and Deepak Gupta was considering an appeal arising out of a specific performance suit. The Trial Court had dismissed the suit by holding that the had failed to prove that he was ready and willing to perform the . The High Court allowed the appeal and the defendants approached the Apex Court challenging the High Court judgment.      

The issue before the Apex Court was whether the plaintiff was ready and willing to perform his part of the contract. “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. If the plaintiff fails to either assert 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 decide from the facts and circumstances whether the plaintiff was ready and was always ready to perform his contract.  

The bench restated the concept of readiness and willingness as per the above statements. Taking note of the evidence on record, the bench said that there is absolutely no evidence to show that the plaintiff has the means to make arrangement for payment of consideration under the reconveyance agreement. 

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