https://www.taxtmi.com/caselaws?id=275429 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. en-us Fri, 23 Sep 2005 00:00:00 +0530 Wed, 29 Jun 2022 11:55:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=275429 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. Case-Laws Indian Laws Fri, 23 Sep 2005 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=275429