HARVANSH SINGH Vs. BHAGWAN DAS

JUDGEMENT

(1.) HAVING lost in Trial Court the defendants/appellants have preferred this first appeal under Section 96 of the Code of Civil Procedure.

(2.) THE plaintiffs had filed Civil Suit No. 22-A/1994 Bhagawandas and Anr. v. Harbans Singh and another, in the Court of District Judge, Hoshangabad for specific performance of sale of property under the Specific Relief Act (47 of 1963) (hereinafter called 'the Act' ). The Trial Court decreed the suit on March 31st, 1999.

(3.) AGGRIEVED by the judgment and decree of the Trial Court appellants while preferring this appeal stated that the Trial Court did not consider, appreciated and evaluated the evidence and misapplied the law. It was further contended that the Trial Court also failed to appreciate that the time was the essence of the contract for sale of property and the plaintiffs were not ready and willing to perform their part of the contract.