Distinction between readiness and willingness in suit for specific performance
All the above definitions clearly point out at least one thing that 'readiness and willingness' are sometimes treated as synonymous and have almost the same sense or meaning but there is a clear cut distinction between the two while 'willingness' is merely mental process, 'readiness' is something to do with translating that will into action and is preceded by necessary preparation for being in a position to be ready. In other words, we can say that while 'willingness' may he something to do mainly with a person's mental process to do an act, his readiness implies close proximity of such willingness and its ultimate physical manifestation. 'Readiness' must in all cases be backed by 'willingness' and its imminent physical action is demonstrated when it is about to be put into action. Time lag between the two may sometimes be very short, may even be negligible, but it must always be preceded by an intention or a will to do. In short, 'readiness' must be said to be the total equipment of a person who is willing to do a thing before he actually does it.
18. There may be cases where though a person may be willing, yet may not be able to do what he wills. He cannot be said to be ready to do it. In other cases, the person may possess all that is necessary to do an act. He may be ready but if the will to do is not there, his willingness will be lacking. One cannot remain unaware of such cases in which the plaintiff may go on demanding performance of the contract for keeping the agreement alive, yet really speaking he does not intend to pursue the matter but only wants to keep it alive for some ulterior motives. Since in granting specific performance the Court acts in equity, it becomes necessary that a high standard of equitable conduct must be displayed by the plaintiff. It is for this reason that a rigor of this kind has been provided in Section 16. It is primarily to eliminate any clement of fraud and risk of a party taking undue advantage of the other that the discretion to decree specific performance has still been left with the Court.
Allahabad High Court
Bijai Bahadur And Ors. vs Shri Shiv Kumar And Anr. on 21 February, 1985
Equivalent citations: AIR 1985 All 223
