Under Section 16 (c) of S.R.A. the plaintiff is required to establish readiness and willingness to perform their part of the contract, which conclusion will be arrived at from
Verified Answer
A. Bare statement made in examination in chief
B. From entirety of pleading as well as of evidence
C. Bare averment in the plaint
D. All the above
Explanation:
Section 16(c) of the Specific Relief Act, 1963, mandates that a plaintiff seeking specific performance of a contract must aver and prove that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him. The Supreme Court has consistently held that "readiness and willingness" is not a mere formality or a bare averment in the plaint. It is a question of fact that must be determined from the entirety of the pleadings, the conduct of the parties, and the evidence adduced in the case.