Absence of a straitjacket formula for evaluating readiness and willingness

As held by the Supreme Court in multiple cases, there is no straitjacket formula with regard to the assessment of 'readiness and willingness' under specific performance law. The existence of readiness and willingness on the part of a plaintiff seeking specific performance has to be construed strictly with respect to the facts and circumstances of each individual case. A buyer must demonstrate continuous financial capacity and proactive steps taken towards fulfilling their contractual obligations, such as visiting the registration offices or securing necessary balance funds by the agreed due date. Merely asserting readiness without producing tangible evidence of holding or arranging the requisite balance sale consideration fails to satisfy the statutory test required under legal principles. At the same time, courts must examine whether the seller performed their corresponding obligation of securing regulatory permissions, clearances, or property conversions. Therefore, readiness and willingness remain a dynamic legal evaluation dependent on the totality of conduct exhibited by both contracting parties throughout the relevant period. (Subhash Aggarwal v. Mahender Pal Chhabra & Anr. | 2026 INSC 11)