GOVARDHAN Vs. ANUSYAI BAI

JUDGEMENT

(1.) HEARD .

(2.) THIS is plaintiffs second appeal directed against judgment and decree dated 14.3.2005 passed by Additional District Judge, Multai District Betul in Civil Appeal No. 11 -A/05, reversing the judgment and decree dated 4.12.2003 passed by Civil Judge Class I Multai in Civil Suit No. 4 -A/99.

(3.) THE Appellate Court has however, reversed the findings holding that though the defendant was ready and willing to perform her part; however, the plaintiff was not. Appellate Court relied on same set of facts to arrive at the conclusion as were before the trial Court. Relying on Ex.D/1, the Appellate Court held that the time was the essence of contract. Further, relying on the evidence of DW1, DW3, DW4, the Appellate Court arrived at a conclusion that the defendant was ready and willing. That referring to notice (Ex.P/15) dated 2.9.1997, the Appellate Court found that the defendant was ready and willing to perform her part of the contract.