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October 10, 2022 at 10:12 PM #112122Tina DUGuest
Sukhbir Singh and others versus Brij Pal Singh and others, AIR 1996 SC 2510 where in paragraph 5 theHon’ble Supreme Court held as follows:-
“5. Law is not in doubt and it is not a condition that the
respondents should have ready cash with them. The fact that
they attended the Sub-Registrar’s office to have the sale deed
executed and waited for the petitioners to attend the office of the
Sub-Registrar is a positive fact to prove that they had necessary
funds to pass on consideration and had with them the needed
money with them for payment at the time of registration. It is
sufficient for the respondents to establish that they had the capacity
to pay the sale consideration. It is not necessary that they should
always carry the money with them from the date of the suit till
date of the decree. It would, therefore, be clear that the courts
below have appropriately exercised their discretion for granting
the relief of specific performance of the respondents on sound
principles of law.”
The question is whether it is necessary for the plaintiff in a suit for specific performance either to deposit in Court or prove at this stage that he has got ready cash with him to show his readiness and willingness to do his part of the agreement to sell. Under Section 16(c) of the Specific Relief Act, the plaintiff seeking specific performance is to plead and prove during trial that he had performed or has always been ready and willing to perform essential terms of the contract which are to be performed
by him continuously between the date of the contract and the date of the hearing of the suit (Gomathinayagam Pillai and Ors. v.Pallaniswami Nadar MANU/SC/0067/1996:  1 SCR 227 and Ardashir M. Mama v. Flora Sasson MANU/PR/0024/ 1928 : AIR 1928 PC 208.
In order to prove himself to be ready and willing to perform
his obligation under a contract to purchase, the purchaser has
not necessarily to produce the money or to vouch a concluded
scheme for financing the transaction. (Bank of India Ltd. v.
Jameshjeet A.H. Chinoy and Ors. AIR 1950 PC 90).
In Sukhbir Singh and Ors. v. Brijpal Singh MANU/SC/0629/1996 : AIR 1996 SC 2510 also it has been held that law is not in doubt that it is not a condition that respondent should have
ready cash with him.