It is duty of plaintiff-vendee to "aver and prove" his readiness and willingness -there was nothing on record to show that vendee in fact had funds in his hands or was capable of generating funds.

Citation 

AIR 2024 MADRAS 188

: AIROnline 2024 MAD 469

V. LAKSHMINARAYANAN, J.

A. Dakshinamoorthyand others v. M. Kuppuswamy and others.

S. A. No. 1306 of 2014, D/- 27-3-2024.

(A) Specific Relief Act (47 of 1963), S. 16(c) - Suit for specific performance - Readiness and willingness - Pleadings - It is duty of plaintiff-vendee to "aver and prove" his readiness and willingness - Apart from notice and reply there was nothing on record to show that vendee in fact had funds in his hands or was capable of generating funds for purpose of convert- ing sale agreement into sale deed - Vendee had approached Court with considerable delay - Readiness and willingness was not proved - Relief of specific performance cannot be granted. (Paras 18, 19)

(B) Specific Relief Act (47 of 1963), S. 22- Suit for specific performance - Re- fund of advance - Vendor pleaded that Rs. 1000/- was refunded to wife of vendee -However, no proof was produced to prove that money was refunded to wife of vendee Therefore, vendee was entitled to de- cree for refund of Rs.20,000/- with inter- est @ 9% per annum. (Para 21)

Cases Referred : Chronological Paras

AIR 2000 SC 2408 : 2000 AIR SCW 2554 20