P&H: Decrees Specific Performance, Says Tendering Money Not Mandatory To Prove ‘Readiness’ Under Section 16(c) SRA

punjab-haryana
⚖️ Order Date: 20 May 2026
Headnotes

Specific Relief Act, 1963, S.16(c) -- Readiness and willingness - Tendering of money to defendant is not an inflexible or mandatory precondition for establishing readiness and willingness to perform one's contractual obligations - It is continuous conduct and bona fide intention of the plaintiff evidencing his preparedness to...

Specific Relief Act, 1963, S.16(c) -- Readiness and willingness - Plaintiff is neither required to actually tender amount to defendant nor deposit same before Court rather what is essential is specific averment and proof demonstrating his performance of or readiness and willingness to perform, contract in accordance...

Specific Relief Act, 1963, S.16(c) -- Readiness and willingness - Plaintiff has categorically deposed that on stipulated date plaintiff was carrying requisite amount and remained present at office of Sub-Registrar for execution and registration of sale deed - Petitioner's testimony remained substantially unchallenged in cross-examination -...


Facts of the Case

P&H: Decrees Specific Performance, Says Tendering Money Not Mandatory To Prove ‘Readiness’ Under Section 16(c) SRA

The Punjab and Haryana High Court has allowed a 1997 Regular Second Appeal and decreed specific performance of a 1989 agreement to sell agricultural land, ruling that a buyer need not actually tender the balance consideration to prove “readiness and willingness” under Section 16(c) of the Specific Relief Act.

High Court set aside concurrent findings of the trial court and first appellate court, which had refused specific performance and ordered only refund of Rs. 5,000 earnest money. The High Court directed the defendant to execute the sale deed after the plaintiff deposits the balance consideration with 12% interest per annum...

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