ValkyaEditorial

Tagged “readiness-and-willingness”

2 articles on readiness-and-willingness.

Supreme CourtSupreme Court of India

Kamal Kumar v. Premlata Joshi: the checklist a plaintiff must plead and prove for specific performance

In this 2019 decision the Supreme Court restated the material questions a court must answer before decreeing specific performance of a contract to sell immovable property. Decided under the pre-2018 Specific Relief Act, it is a compact guide to what a buyer must plead and prove — a valid concluded contract, continuous readiness and willingness, and an equitable case for the discretionary relief.

Valkya Editorial··6 min
Supreme CourtSupreme Court of India

Mohammed Khaleel v. Jayamma (2026): why fixed deposits opened years after suit cannot prove readiness and willingness

Under pre-2018 Section 16(c) of the Specific Relief Act, a buyer must plead and prove continuous readiness and willingness from the date of the agreement to the decree — so fixed deposits created years after the suit, plus an unexplained delay of two years and nine months in filing, defeated the claim for specific performance.

Valkya Editorial··7 min