Precedent

Readiness and willingness must be pleaded and proved throughout

Citation: PLD 2024 SC 118 Court: Supreme Court of Pakistan Bench: 3-Member Bench Decided: 11 Mar 2024

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Headnote

In a suit for specific performance the plaintiff must plead and prove continuous readiness and willingness from the date of the agreement until the decree; a mere recital in the plaint is insufficient where the balance consideration was never tendered or deposited.

Key holdings

  1. Readiness and willingness is a continuing obligation, not a one-time averment.
  2. Failure to deposit the balance sale consideration in court weighs heavily against the buyer.
  3. Specific performance is a discretionary relief and may be refused even where the agreement is proved.