(1.) THIS is a Plaintiff's second appeal from the reversing decision of the Subordinate Judge of Puri in a suit for specific performance of contract.
(2.) THE Plaintiff being in need of money sold the suit property to the Defendant under a registered sale deed dated 8 -7.1964 for a consideration of Rs. 1500/ - and gave delivery of possession of the same to him. Contemporaneously, the vendee entered into an agreement with the Plaintiff, vendor, to recover the suit property to the Plaintiff for the same consideration of Rs. 1500/ - within two years therefrom, that is, on or before 8.7.1966. Pursuant to this agreement of reconveyance the Plaintiff offered money (Rs. 1500/ -) to the Defendant and demanded execution of a sale deed, but the Defendant, on some pretext or other, postponed the execution of the reconveyance deed and finally on 7.7.1966 refused performance of his part of the contract by accepting the money tendered and executing a sale deed in favour of the Plaintiff. Plaintiff, therefore, filed the present suit on 8.7.1966, immediately after expiry of the stipulation period Jar reconveyance. This is the Plaintiff's case.
(3.) THE trial Court decreed the suit holding that the Plaintiff was ready and willing to perform her part of the contract at least by 6.7.1966, if not earlier, but the Defendant refused to carry out his part of the contract.