SHEENA TEXTILES LIMITED Vs. ARUNKUMAR RADHAKRUSHNA AGRAWAL

JUDGEMENT

(1.) The present first appeal has been filed under Sec. 96 read with Order 41 Rule 1-2 of the Code of Civil Procedure, 1908 assailing the judgment and order dtd. 22/12/2008 passed by the Principal Senior Civil Judge at Bardoli, District Surat wherein and whereby, the Trial Court has dismissed the suit filed by the present appellants - original plaintiffs for specific performance in respect of piece of non-agricultural land bearing Revenue Survey No.174, ad-measuring 14,683 sq. mtrs., situated at Village Tantithaiya, Taluka : Palsana, District : Surat against the respondent - original defendant.

(2.) Brief facts:

(3.) Learned advocate Mr.N.V.Gandhi, appearing for the plaintiffs has submitted that the Trial Court has fallen in error in rejecting the suit by observing that the plaintiffs did not show readiness and willingness to perform their part of agreement to sale. It is submitted that the plaintiffs were ready and willing to perform their part of contract hence, the bar of Sec. 16(C) of the Specific Relief Act, 1963 (the Act of 1963) will not be attracted.