Readiness and willingness in specific performance fails where delay and lack of financial capacity show no continuous contractual compliance.

Time was material to performance because the agreement required the sale transaction to be completed within a stipulated period. The petitioner failed to supply the final draft and did not establish financial capacity to pay the agreed cash consideration, so the evidence did not show continuous readiness and willingness to perform. The respondent, by contrast, had consistently indicated willingness to execute the sale deed. On that basis, the petitioner was found not ready and willing to perform his part of the contract and therefore not entitled to specific performance.

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Issues: Whether the petitioner was ready and willing to perform his part of the contract and was entitled to specific performance.

Analysis: The agreement required completion of the sale transaction within a stipulated period, making time material to performance. The petitioner failed to supply the final draft and did not establish financial capacity to pay the consideration in cash as agreed. On the evidence, the conduct of the petitioner showed delay rather than continuous readiness and willingness to perform the contract, while the respondent had consistently indicated willingness to execute the sale deed.

Conclusion: The petitioner was not ready and willing to perform his part of the contract and was not entitled to specific performance.

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