BIBI JAIBUNISHA Vs. JAGDISH PANDIT

JUDGEMENT

(1.) Leave granted.

(2.) This appeal by special leave arises from the judgment of the Patna High court, made on 23/5/1996 in appeal from Appellate Decree No. 135 of 1982.

(3.) The admitted facts are that the appellant had sold the suit property by a registered conveyance dated 21/2/1969 with a contemporaneous agreement of reconveyance for a consideration of Rs. 4,000. 00. The appellant had filed the suit on 7/4/1975 for specific performance of reconveyance of the property. The courts below had dismissed the suit on the ground that the appellant was not ready and willing to perform his part of the contract. The trial court as well as the High court further dismissed the suit on the ground that the time was the essence of the contract and the appellant had not performed the contract within the stipulated time and, therefore, the suit is barred by limitation.