Readiness and willingness are mandatory for specific performance, and concurrent findings rejecting them will usually stand in appeal.

Specific performance remains an equitable remedy available only when the statutory requirements are proved, including a concluded contract and continuous readiness and willingness. On the facts noted, the concurrent findings that the plaintiff was neither ready nor willing to perform were based on the evidence and showed no perversity or legal error, so appellate interference was unwarranted. The result was that specific performance was denied, and the claim for refund of earnest money also failed. The note reaffirms that such concurrent findings will ordinarily stand in appeal unless shown to be perverse or illegal.

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Issues: Whether the plaintiff was entitled to specific performance of the contract and refund of earnest money in view of the findings on readiness and willingness.

Analysis: Specific performance is a discretionary and equitable relief governed by the statutory requirements relating to a concluded contract, readiness and willingness, performance of contractual obligations, hardship, and alternative relief. The two courts below examined the pleadings and evidence and returned concurrent findings that the plaintiff was neither ready nor willing to perform his part of the contract. Those findings were held to be based on appreciation of evidence, consistent with the record, and free from perversity or illegality. In the absence of any material infirmity in the concurrent findings, no interference was warranted in appeal.

Conclusion: The plaintiff was not entitled to specific performance or refund of earnest money, and the appeal failed.

Final Conclusion: The decision reaffirms that concurrent findings on readiness and willingness in a suit for specific performance will not be disturbed in the absence of perversity, and that the equitable relief of specific performance cannot be granted unless the statutory requirements are proved.

Ratio Decidendi: In a suit for specific performance, proof of readiness and willingness is a mandatory statutory requirement, and concurrent findings rejecting that proof will ordinarily be binding in appeal unless shown to be perverse or illegal.

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