AIR 1983 ALLAHABAD 343

Allahabad High Court

Hon'ble Judge(s): K. N. Singh , J

(A) Specific Relief Act (47 of 1963) , S.16(c) Expln.— Suit for specific performance of contract - Plaintiff is duty-bound to aver and prove his readiness and willingness to perform contract according to 'real' agreement - He cannot add any additional condition for performance of his part of contract. S.16 (c) of the Specific Relief Act 1963 contains a mandatory provision, according to which no relief for specific performance of the contract can be enforced in favour of a person who fails to aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. Explanation to this section, further, lays down that the plaintiff should aver and prove his readiness and willingness to perform the contract according to its true construction. Readiness and willingness to perform his part of the contract is to be judged on the true construction of the agreement. The plaintiff cannot add any additional condition for the performance of his part of the contract. The readiness of the plaintiff must be in relation to the real agreement between the parties. If it transpires that the real agreement is not what the plaintiff alleges and the readiness and willingness which the plaintiff displayed was not in relation to the agreement, the plaintiff would be within the mischief of the doctrine....