JOSHY Vs. SUBASH K.THOMAS

JUDGEMENT

(1.) The remedy of specific performance of an agreement or contract is hypostased solely on the principles of equity and the plaintiff seeking it has to plead and establish three cardinal pre- requisites on his side - the Three Musketeers, so to say - Ready, Willing and Able. Of these, readiness and ability, most of the times go hand in hand; while willingness is, generally, reflected from conduct.

(2.) It sometimes is that even when the plaintiff may show the readiness - which includes his financial ability - Courts still may be justified in not granting specific performance if he is found to have been not willing to perform his part of the contract. As the Hon'ble supreme Court, has, through a catena of judgments, elucidated, 'readiness and ability' are to be normally established through evidence; while 'willingness is to be adjudged with respect to conduct of parties and attendant circumstances.

(3.) The afore concepts have great relevance in this case, as will be revealed from the involved facts.