KANAILAL DAS Vs. PURNENDU SEKHAR KAR

JUDGEMENT

(1.) This second appeal is preferred against the order of affirmation passed by the learned Civil Judge, Senior Division, Diamond Harbour, South 24 Pgs. in Title Appeal no. 9 of 2000.

(2.) Against the concurrent finding of facts as to the validity of the agreement on which specific performance has been sought for, this second appeal has been preferred.

(3.) At the time of admission of the second appeal, it appears that the said appeal was admitted on the limited question of law as to whether the courts below erred in law by decreeing the suit for specific performance of contract without any finding that the plaintiff was all along ready and willing to perform his part of the contract which is a mandatory requirement under the provisions of the Specific Relief Act.