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31. It is the specific contention of the learned senior counsel for the defendant that the Court has to consider express terms of contract, nature of property and surrounding circumstances including object of the contract. The relief of specific performance is an equitable and discretionary relief. Therefore, when a contract prescribes specific time/period for performance, such stipulation must have significance and cannot be ignored. He has placed reliance on the principle laid down by the Apex Court in Chand Rani vs. Kamal Rani 6, Saradamani Kandappan vs. S.Rajalakshmi 7.

62. In Padmakumari and others v. Dasayyan and others14, the Apex Court, emphasized that where the agreement of sale stipulates a (2015) 8 SCC 695 specific period for payment of the balance consideration, failure on the part of the purchaser to comply with such stipulation assumes significant legal importance in determining entitlement to specific performance. The Court held that when the purchaser does not pay the balance consideration within the agreed period and no acceptable explanation is offered for such default, the conduct of the purchaser clearly indicates lack of readiness and willingness to perform the essential terms of the contract. The Court further observed that courts must carefully examine the contractual terms and surrounding circumstances and cannot ignore such material aspects while granting the equitable relief of specific performance. Accordingly, non-compliance with the stipulated time for payment of consideration may disentitle the purchaser from obtaining the relief sought.

69. While examining the matter, the Supreme Court reiterated the settled principle that in a suit for specific performance, the plaintiff must plead and prove continuous readiness and willingness to perform his part of the contract from the date of the agreement till the decree. The Court clarified that "readiness" relates to the financial capacity of the purchaser to pay the sale consideration, whereas "willingness" refers to the intention and conduct of the purchaser demonstrating his commitment to complete the transaction. The Court emphasized that these two elements must coexist and must be established through pleadings, evidence, and the conduct of the parties. If the purchaser fails to establish these statutory requirements, the equitable relief of specific performance cannot be granted.

76. In Motilal Jain vs. Ramdasi Devi 20, the Apex Court held that the readiness and willingness need not be in specific phraseology and language. The sum and substance of the principle laid down in the aforesaid judgment is that relief of specific performance is an equitable and discretionary relief. The parties seeking the said relief have to approach the court with clean hands. The court while dealing suit for specific performance has to consider the conduct of the parties and overall circumstances of the case.