CRITICAL FOR BUYERS FILING SPECIFIC PERFORMANCE SUITS
Specific Performance: You Must Prove You Were Always Ready to Pay
If a seller backs out and you file a Specific Performance suit to force the sale deed registration, the court will examine whether you were ready and willing to perform from the date of the Agreement to Sell — not just at the time of filing the suit.
Court: Supreme Court of India
Law: Section 16(c), Specific Relief Act, 1963
Also see: Ritu Saxena v. J.S. Grover & Anr. (2019) SCC — specific performance of Delhi flat agreement
Key Principle: Plaintiff must aver and prove readiness and willingness from the date of the contract
What is a Specific Performance Suit?
When a seller executes an Agreement to Sell but then refuses to register the sale deed, the buyer can file a Suit for Specific Performance in the civil court. If decreed, the court directs the seller to execute and register the sale deed — or appoints a court officer to do so.
The Critical Requirement: Section 16(c) of Specific Relief Act
⚠ What You Must Prove:
Section 16(c) of the Specific Relief Act, 1963 mandates that the plaintiff (buyer) must aver and prove that they have performed or have always been ready and willing to perform the essential terms of the contract on their part.
Courts will ask: Were you ready to pay from day one — not just after you filed the suit?
Financial Documents Must Pre-Date the Dispute
❌ Courts Will Reject These:
- Bank FD certificates created after filing the suit
- Loan sanction letters obtained only when the case was about to come for hearing
- Family declarations about willingness to fund, without prior documentary evidence
✅ Evidence Courts Accept:
- Bank account statements showing balance at the time of the agreement
- Prior written communications to the seller expressing readiness
- Receipts of token amounts or advance payments made
- Legal notices sent to seller before filing suit
- Evidence of attendance at SRO on the agreed date
Practical Steps — What Buyers Must Do
- Keep your bank account statements from the date of the Agreement to Sell onward showing sufficient balance.
- Send a legal notice to the seller demanding execution of the sale deed before the agreed deadline passes — this creates a documentary record.
- If the seller refuses, file the Specific Performance suit within 3 years from the date of refusal — do not let limitation expire.
- Maintain the transaction trail of every payment made including token, advance, and any installments.