The Requirement of section 16 (c) of specific relief act 1963-----The section 16 specific relief act provides personal bar to relief ,clause(c) to section 16 reads as *who fails to aver & prove that he has performed or has always been ready & willing to perform the essential terms of the contract which are to be performed by him other than terms of the performance of which has been prevented or waived by the defendant . Explanation to the section provides that for the purpose of clause (c) -(i) where a contract involves the payment of money . it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court (ii) The plaintiff must aver performance of, or readiness and willingness to perform the contract accordingly to its true construction . The section has been explained by catena of decisions such as Ramesh Chandra Vs Chunnilal AIR 1971 SC 1238 , Surya Narayana Upadhyaya Vs Ram Roop Pandey AIR 1994 SC 105 , Syed dastagir Vs T R Gopal Krishana Setty AIR 1999 SC 3029 , Moti lal jain Vs Ramdisi davi & others AIR 2000 SC 2408 ,& Aniglase Yohannan Vs Ramlatha & others AIR 2005 SC 3503. That the section 16(c) of the act mandates the plaintiff to aver in the plaint & establish as the fact by evidence aliunde that he was always been ready and willing to perform his part of the contract . The basic principle behind the section 16 (c) read with the explanation (ii) is that any person seeking benefit of the specific performance of contract must manifest that his conduct has been blemishless through out entitling him to the specific relief . the provision imposes a personal bar .The court is to grant relief on the basis of the conduct of the person seeking relief if the pleadings manifest that the conduct of the plaintiff entitles him to get the relief on perusal of the plaint .he should not be denied the relief . An averment of readiness and willingness in the plaint is not a mathematical formula which should only be in specific words and this have to be determined from the entirety of facts and circumstances relevant to the intention and conduct of the party concerned .If the averments in the plaint as a whole do clearly indicate the readiness and willingness of the plaintiff ti fulfill his part of obligation under the contract whish is the subject matter of the suit .the facts that they are differently worded will not mitigate against the readiness and willingness of the plaintiff in a suit for specific performance of contract for sale.
Posted on: Sat, 29 Nov 2014 05:30:30 +0000
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