Specific Performance -- Continuous Readiness and Willingness of Plaintiff -- Condition precedent for grant of decree
(i) Specific Relief Act, 1963 -- Specific Performance -- Continuous Readiness and Willingness of Plaintiff -- Where a plaintiff seeks specific performance of a contract of sale, it is a condition precedent to grant of decree that he shows continued readiness and willingness to perform his part of the contract, in accordance with its terms, from the date of contract to the date of hearing. (ii) Specific Relief Act, 1963 -- Specific Performance -- Receipt of Full Consideration by Defendant Decades Ago -- Where the defendant has received the total sale consideration under a valid agreement to sell decades earlier, a subsequent contention that the agreement is void is unsustainable. Where the plaintiff has approached the Court with clean hands, the relief of specific performance is rightly granted.
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