Supreme Court: Plaintiff Seeking Specific Performance Of Agreement To Sell Must Also Show Availability Of Funds

The Supreme Court in the case R. Shama Naik Versus G. Srinivasiah observed and has upheld the decision of High Court, wherein the court denied Specific Relief to the plaintiff because he was not able to prove his readiness and willingness to perform the contract.

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The bench comprising of Justice JB Pardiwala and Justice R Mahadevan was hearing the present matter.

The bench in the case observed that for the contract to be concluded, the plaintiff shall not only aver about his readiness and willingness to perform the contract but, 'It is also obliged to adduce necessary oral and documentary evidence in order to show the availability of funds to make payment in terms of the contract in time.'