Ready And Willing Has To Be Proved, And The Dates Have To Match
A buyer sued for specific performance of a 1990 agreement, saying four fixed deposits showed he had the funds. The Supreme Court looked at when those deposits were made.
The Court refused specific performance. The appellants said four fixed deposit receipts totalling Rs 2,80,000 established their readiness and willingness to perform, but the dates on those receipts did not support the claim at the relevant period. Having failed to demonstrate readiness and willingness, and having failed to approach the court with promptitude, they were disentitled from the equitable relief of specific performance.
- Section 16(c) is proved by evidence, not assertion. Saying you were ready is not being ready.
- The dates decide it. Funds have to exist at the relevant period, not afterwards.
- Promptitude is part of it. The suit came three years after the agreement.
- Specific performance is equitable, and equity looks at conduct.
- Court
- Supreme Court of India
- Bench
- Justice Prashant Kumar Mishra, Justice N. V. Anjaria
- Citation
- 2026 INSC 651
- Reported
- [2026] 7 S.C.R. 320
- Case
- CIVIL APPEAL/2187/2011
- Decided
- 22 June 2026
- Outcome
- Appeal dismissed; specific performance refused
What happened
The parties entered into an agreement to sell a vacant site in December 1990 for Rs 3,00,000. Rs 25,000 was paid as earnest money and the sale deed was to be registered within four months.
The seller said the buyer failed to obtain permission under the Urban Land (Ceiling and Regulation) Act and that, time having expired, she was compelled to rescind. The buyer said he was ready and willing to perform, and sued in December 1993 for specific performance and possession. The trial court decreed the suit; the High Court reversed it.
Why the deposits did not help
The appellants' case on readiness and willingness rested on four fixed deposit receipts said to show Rs 2,80,000 available at the relevant period.
The Court looked at the dates on those receipts, and they did not bear out the claim. Having failed to demonstrate readiness and willingness — and having also failed to approach the court with promptitude — the appellants were disentitled from the equitable relief of specific performance, and the appeal was dismissed.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
How do I prove readiness and willingness?
With evidence of funds available at the relevant time and of continuous willingness. Deposits dated after the relevant period did not help the buyer here.
Does delay in filing matter?
Yes. Failing to approach the court with promptitude was one of the reasons equitable relief was refused.
Proving readiness and willingness
- Assemble proof of funds as at the date performance fell due, and check every date before filing.
- Plead continuous readiness from the agreement to the suit, not merely at the moment of filing.
- File promptly. Delay is treated as conduct, and equitable relief turns on conduct.
- Deal with any statutory permission the contract required, and show who was to obtain it and what was done.
Source. Supreme Court of India, 2026 INSC 651, [2026] 7 S.C.R. 320, CIVIL APPEAL/2187/2011, decided 22 June 2026 by Justice Prashant Kumar Mishra, Justice N. V. Anjaria. This explainer is written from the judgment text as reported.
Claw tracks Supreme Court of India and 24 other High Courts, reads every order handed back, and surfaces the directions that carry a deadline. clawlaw.in