SITA RAM Vs. RADHEY SHYAM

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Jaipur Bench of Rajasthan High Court dismissing the Second Appeal filed by the plaintiffs- appellants. It is to be noted that the trial court decreed the suit, which was one for specific performance of a contract while the first appellate court set aside the decree. The appellate court dismissed the suit on the ground that the pleadings were not in accordance with the provisions of Section 16(c) of the Specific Relief Act, 1963 (in short the 'Act'). Learned Single Judge dismissed the Second Appeal holding that no substantial question of law was involved as essentially the conclusions of the first appellate court were factual findings.

(3.) In support of the appeal, learned counsel for the appellants submitted that in the plaint, in essence, specific statement had been made about the fact that the plaintiffs had mentioned to the defendant that they were ready and willing to do such effort or act as would be necessary to be done by the plaintiffs for performance of the contract. It was, therefore, submitted that the first appellate court and the High Court were not justified in holding that the requirements of Section 16(c) of the Act were not met.