SHENBAGAM & ORS. versus KK RATHINAVEL
The respondent failed to plead and prove continuous readiness and willingness to perform the contract as required by Section 16(c) of the Specific Relief Act; given the respondent's inconsistent conduct, delay and lack of contemporaneous evidence of financial capacity, specific performance was declined in exercise of the court's discretion under Section 20 and the appellants were ordered to refund the consideration with interest.
Source excerpt
- Readiness and willingness to perform
- Time not of the essence
- Discretion under section 20
- Personal bars under section 16
- Mortgage/encumbrance and obligation to discharge