JUDGMENT

A.P. Misra, J.-The short question raised in this appeal is, how to construe a plea of "readiness and willingness to perform" to sub-serve to the requirement of Section 16(c) of the Specific Relief Act, 1963 (hereinafter referred to as "The Act") and the interpretation of its explanation.

2. This appeal arises out of an Order dated 22nd October, 1986 passed by the High Court of Karnataka allowing the Second Appeal No. 954 of 1975 in favour of the respondent-defendant by dismissing the suit of the plaintiff-appellant for specific performance of an agreement to sell. This resulted into setting aside concurrent findings of both the courts below which decreed the appellant s suit. For this the sole ground was that appellant did not aver in his plaint that he was ready and willing to perform his part of the contract. Before adverting to this issue, it is necessary to give some bare facts.

3. The appellant-plaintiff filed a suit for specific performance of an agreement to sale dated 11th August, 1960. According to the plea, defendant entered into an agreement to sell the properties for the consideration of Rs. 9500/-. As per stipulation in the agreement, the plaintiff agreed for an