VIRENDRA KUMAR TIWARI Vs. SITARAM SHARMA

JUDGEMENT

(1.) This is Defendant's appeal against the judgment and decree passed by the District Judge, Janjgir Champa in Civil Suit No. 3-A/2006 decreeing the Plaintiffs suit for specific performance of contract.

(2.) Facts of the case in brief are as under:

(3.) Shri Rajeev Shrivastava, learned Counsel for the Appellant would submit, learned Trial Court erred in not holding that the Plaintiff has himself withdrawn from the agreement by taking back his advance amount of Rs. 5,000/-; was never ready and willing to perform his part of agreement; has not fulfilled the necessary condition of the contract, i.e., payment of part consideration to clear off the Defendant's tractor loan dues; the suit has been filed after undue delay of more than 6 years and thus has seriously erred in decreeing Plaintiff's suit.