SUGHAR SINGH Vs. HARI SINGH (DEAD) THROUGH LRS.

JUDGEMENT

(1.) Feeling aggrieved and dissatisfied with the impugned judgment and order dated 09.09.2010 passed by the High Court of Judicature at Allahabad in Second Appeal No.836 of 2010 by which the High Court has allowed the said Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short "CPC") and has quashed and set aside the judgment and decree for specific performance of the Agreement confirmed by the First Appellate Court, the original plaintiff has preferred the present Appeal.

(2.) The facts leading to the present appeal in nut-shell are as under:

(3.) Shri Col. Balasubramaniam, learned Senior Advocate appearing on behalf of the appellant - original plaintiff has vehemently submitted that in the facts and circumstances of the case the High Court has committed grave error in allowing the Second Appeal under Section 100 of the CPC and has erred in setting aside the concurrent findings recorded by both the Courts below insofar as the issue with respect to the readiness and willingness and non-compliance of section 16(c) of the Act is concerned.