Continuous readiness and willingness under specific performance is judged from the plaint as a whole, not rigid wording.

Section 16(c) of the Specific Relief Act, 1963 requires a plaintiff seeking specific performance to aver and prove continuous readiness and willingness to perform the contract, but the test is one of spirit and substance from the plaint as a whole rather than any fixed form of words. Here, the pleadings and surrounding facts, including the contractual time frame, notice to execute the sale deed, repeated requests, prompt filing after inaction, and deposit of the balance consideration in court, supported the inference that the plaintiff remained ready and willing throughout. The requirement under Section 16(c) was therefore satisfied and the decree for specific performance was sustained.

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Issues: Whether the plaint and surrounding facts sufficiently pleaded and established the plaintiff's continuous readiness and willingness to perform the essential terms of the contract so as to satisfy Section 16(c) of the Specific Relief Act, 1963 and sustain a decree for specific performance.

Analysis: Section 16(c) requires the plaintiff to aver and prove that he has always been ready and willing to perform his part of the contract, but the requirement is to be tested in spirit and substance from the plaint as a whole and not by insisting on any particular form of words. The pleadings in this case showed the contractual time frame, the notice calling upon the defendant to execute the sale deed, repeated requests by the plaintiff, filing of the suit promptly after inaction, and deposit of the balance consideration in court. These circumstances supported the inference that the plaintiff's conduct was consistent with readiness and willingness throughout.

Conclusion: The requirement of Section 16(c) was satisfied, and the decree for specific performance was rightly sustained.

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