BALAKA SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) The plaintiff-appellant has filed the present Regular Second Appeal against the judgment passed by the learned First Appellate Court accepting the appeal filed by the defendant and reversing the judgment and decree passed by the trial Court.

(2.) The result is that the suit filed by the plaintiff for possession by way of specific performance of the agreement to sell stands dismissed. As per the agreement to sell, the parties had agreed to get the sale deed registered and executed on 07.05.2005. That was the crucial date on which the plaintiff was required to prove his readiness and willingness. He was also required to aver and prove that he was always ready and willing as provided in Section 16(c) of the Specific Relief Act.

(3.) Learned First Appellate Court, after noticing that on 07.05.2005, the plaintiff has failed to show his readiness and willingness as he never visited the office of the Sub-Registrar alongwith the balance sale consideration, reversed the decree.