knowledge either of the
transaction or of his readiness and willingness. Readiness and willingness
refer to the state of mind and conduct of the purchaser ... pleading in regard to
readiness and willingness and not `proof' relating to readiness and
willingness. In fact, in the very next para, this Court
readiness
and willingness to perform the contract according to its true
construction.
25. To aver and prove readiness and willingness to perform an
obligation ... Plaintiff was ready and willing to
perform his part of contract. Deposit in court would not establish
Plaintiff’s readiness and willingness within meaning
willingness. Learned counsel would submit that for the purpose
of Section 16(c) of the Act, while examining the question regarding readiness and
willingness ... willingness to
perform his part of the contract. The Trial Court made a rather assumptive
observation that he had proved such readiness and willingness. Thereafter
Padmini Raghavan vs H A Sonnappa on 11 October, 2013
Author: N. Kumar
Bench: N
refers to the readiness and willingness of the tenant to pay, it refers to the readiness and willingness at the date of the suit ... Court passed in that behalf as evidence of readiness and willingness. Such readiness and willingness cannot be proved, however, otherwise than by the mode provided
also miserably failed to prove his
readiness and willingness to perform the contract. Readiness and
willingness has not been proved by the plaintiff either ... argue that the plaintiff need not have ready moneys
available with him to prove readiness and willingness, and for which
purpose plaintiff relies upon paras
drew a distinction between readiness to perform
the contract and willingness to perform the contract. It was observed
that by readiness it may be meant ... There is a distinction between readiness to perform the
contract and willingness to perform the contract. By readiness
may be meant the capacity
readiness and willingness?:
9. Admittedly, the defendant No. 2 did not adduce any evidence on the question of readiness and willingness or otherwise ... ready and willing to perform the essential terms of the contract to be performed by him.
Was there any absence of readiness and willingness
ready and has always been willing to perform his part of the contract. As stated, the factum of his readiness and willingness to perform ... plaintiff was ready and willing to perform his part of the contract but surrounding circumstances must also indicate that the readiness and willingness continued from
defendant along with the first defendant informed the plaintiff of fheir readiness and willingness to convey the property in 1976 itself and the plaintiff ... first and the second plaintiffs informed the first defendant about the readiness and willingness to convey the property even in the year 1976. However
