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Distinction between readiness to perform the contract and willingness to perform the contract

In Kalawati (D) Thr.Lrs. vs Rakesh Kumar . on 16 February, 2018, the Supreme Court was concerned with the issue whether the plaintiff (Rakesh Kumar) was at all times ready and willing to perform his part of the agreement.

The Supreme Court while referring to His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar said that this Court 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 the capacity of the plaintiff to perform the contract which would include the financial position to pay the purchase price.

In I.S. Sikandar (Dead) by Lrs. v. K. Subramani &Ors.2 this Court noted that the plaintiff is required to prove that from the date of execution of the agreement of sale till the date of the decree, he was always ready and willing to perform his part of the contract.

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