AI Overview...
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Payment of Consideration - Significant payment (e.g., more than 90%) demonstrates the defendant's readiness and willingness to perform the contract, supporting specific performance claims V. Manohar Kumar vs T. Sairam - Telangana, Veena Sharma VS Raman Monga - Delhi.
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Readiness and Willingness - These are distinct concepts; readiness refers to financial capacity and proximity to performance, while willingness involves the mental intent to perform. Both must be demonstrated through conduct, not merely statements or time passage 04300054390, VEENA AGARWAL VS UNJHA AYURVEDIC PHARMACY - Allahabad.
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Evidence of Payment - Substantial payment (e.g., 90% or more of sale consideration) acts as strong evidence of readiness and willingness, but continuous readiness must be maintained, especially if delays occur. Payment alone may not suffice if there are long delays or lack of ongoing intent Veena Sharma VS Raman Monga - Delhi, H. SANJEEVAIAH vs HUCHAMMA - Karnataka.
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Conduct of Parties & Time - Readiness and willingness are inferred from the conduct of parties and the timing of actions. Delay or lack of action over extended periods (e.g., 13 years) can negate the presumption of ongoing readiness SPRING VALLEY FINANCE AND TRADE LTD. VS PRAKASH KAUR (DECEASED) NOW REPRESENTED BY HER LRS, DARSHAN KAUR - Delhi, H. SANJEEVAIAH vs HUCHAMMA - Karnataka.
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Legal and Contextual Factors - The court emphasizes that readiness and willingness are crucial for granting specific performance, with the presence of payment and conduct being key indicators. Mere possession or cordial relationships are insufficient without proof of continuous intent and capacity Hyderabad Potteries Pvt. Ltd. VS Debbad Visweswara Rao - Telangana, V. Manohar Kumar vs T. Sairam - Telangana.
Analysis and Conclusion:
A payment of 90% or more of the sale consideration, coupled with conduct indicating continuous readiness and willingness, generally substantiates a party's claim for specific performance. However, courts scrutinize the timing, conduct, and whether the party maintained readiness over delays. Payment alone, especially if delayed or partial, may not be conclusive unless accompanied by evidence of ongoing intent and capacity to perform. Overall, demonstrating substantial payment and consistent conduct are pivotal in establishing readiness and willingness for contractual enforcement.
Search Results for "Payment of 90 Consideretion Shows Readiness and Willingness"
2025 0 Supreme(Telangana) 390 • India - IN THE HIGH COURT OF TELANGANA
RENUKA YARA
... ... Ratio Decidendi: The Court emphasized that significant payment substantiates readiness and willingness, rendering defendant ... of sale consideration, demonstrating readiness and willingness - Defendants claimed plaintiff had unclean hands and failed to provide ... and willingness to perform the contract is pivotal for relief; substantial part of the payment affirms this position. ... The learned counsel for the appellants during arguments v....
2021 0 Supreme(Telangana) 382 • India - Telangana
A.RAJASHEKER REDDY, SHAMEEM AKTHER
The court reaffirmed readiness and willingness to perform was sufficiently demonstrated, and the discretionary power for specific ... ... ... Findings of Court: ... The trial court erred in dismissing the suit, having overlooked the evidence of payment and lack of ... - Trial court found the suit barred by limitation, and that plaintiff did not prove possession of property - Plaintiff claimed readiness ... to prove his readiness and willingness. ... Finally, we have no hesitation to....
2022 0 Supreme(AP) 197 • India - Andhra Pradesh
SUBBA REDDY SATTI
(Para 39) Finding of the Court: Readiness and willingness are quite distinct and different in context of Section ... and willingness, financial capacity etc. ... Readiness connotes financial capacity of one who seeks to enforce specific performance - It is also to be borne in mind whether a ... Readiness and willingness are quite distinct and different in the context of Section 16 (c) of the Specific Relief Act. Readiness connotes financial capacity of one who seeks t....
2025 0 Supreme(Mad) 2424 • India - IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice N. SATHISH KUMAR
readiness and willingness to perform the contract must be assessed from the conduct of the parties, not merely the passage of time ... (Paras 3-8, 10-19) ... ... (B) Readiness and Willingness - The court emphasized that the plaintiff's ... ... ... Issues: The main issues included whether the plaintiff proved readiness and willingness for specific performance and whether ... Learned counsel for the appellant would further submit that the plaintiff has not proved his readin....
2018 0 Supreme(All) 660 • India - Allahabad
SUDHIR AGARWAL, SHASHI KANT
aver performance of, or readiness and willingness to perform, the contract according to its true construction.” ... Willingness must be something to do mainly with a person’s mental process to do an act but readiness implies close proximity of such willingness and ultimate physical manifestation. ... ... “The expression ‘readiness and willingness’ means continuous readiness-dictionary and willingness to pay the balance price as and....
2024 Supreme(Online)(DEL) 7042 • India - High Court of Delhi
MR. JUSTICE JASMEET SINGH, J
(ii) the plaintiff must aver performance of, or readiness and willingness to perform, the contract according to its true construction.
2008 0 Supreme(Del) 389 • India - Delhi
SHIV NARAYAN DHINGRA
The court emphasized the importance of time as the essence of the contract and the readiness and willingness of the Plaintiff to ... Ratio Decidendi: The court emphasized the importance of time as the essence of the contract and the readiness and willingness ... The Court has to infer the readiness and willingness from the conduct of the parties and not from cordial relationship between the Plaintiff and Defendants. ... Counsel submitted that this at least shows that....
• India - Appellate Side,Bombay
A. M. DHAVALE, J
The court examined the provisions concerning specific performance, interpreting that continuous readiness and willingness of the ... Key facts included a lengthy delay of 13 years in seeking performance, indicating a lack of readiness. ... The payment of 90% amount will not absolve the plaintiff from showing continuous readiness and willingness on his part. Payment of 100% amount will absolve him which is not the case here. ... The defendant, with re....
2025 Supreme(Online)(Kar) 24807 • India - Karnataka High Court
E.S. INDIRESH, J
due to defendants’ acceptance of consideration beyond stipulated period - Court held that continuous readiness and willingness is ... Legal notice served in 2006, claiming readiness and demand for deed; defendants contested citing lack of willingness and statutory ... ... ... Issues: Whether time for performance was extended; whether the plaintiff showed readiness and willingness; validity of appellate ... It is trite law that ‘readiness’ and ‘#HL_....
2018 0 Supreme(Del) 967 • India - Delhi
PRATHIBA M.SINGH
of more than 90% of the sale consideration - Property is being sold by real estate agents - Plaintiff is an individual widow who ... Penal Code, 1860 - Section 209 - Sale - Specific performance - Deceiving - False claim - Scope of - Plaintiff is a widow has made payment ... of more than 90% of the sale consideration - Property is being sold by real estate agents - Plaintiff is an individual widow who ... The Plaintiff is a widow, who has made payment of more than 90% ....
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