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Supreme Court through its judgement dated 23.06.2026 in the matter of Mohammed Khaleel (D) Through LRs & Ors.1 Jayamma held that a person seeking specific performance under The Specific Relief Act, 1963 (“Specific Relief Act”) needs to specifically aver and prove his continuous readiness and willingness to perform his obligations.
The court also observed that as per Section 16 (c) of the Specific Relief Act, the term ‘readiness’ refers to the financial capacity, and the term ‘willingness’ reflects the conduct and intention of the party seeking relief to perform the contract. In addition to this the Court also reiterated that continuous readiness and willingness to perform the part of the contract is a condition precedent to grant a relief of specific performance.
Footnote0
1. Civil Appeal No. 2187 of 2011
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