KRISHAN CHAND Vs. RAM LAL

JUDGEMENT

(1.) KRISHAN Chand, who is unsuccessful plaintiff, has filed the present appeal against the judgment and decree passed by both the Courts below, vide which the suit filed by him for specific performance of the agreement dated 9.10.1986 as well as his alternative suit for recovery of Rs. 20,000/- has been dismissed while holding that the plaintiff-appellant was not ready and willing to perform his part of the agreement and that rather he committed breach of the agreement. On the other hand, it was also held that the defendant-respondent always remained ready and willing and he did not commit any breach of the agreement.

(2.) THE aforesaid findings recorded by the trial Court were duly confirmed by the first Appellate Court. The findings recorded by the Courts below are pure findings of facts and the same cannot be interfered in the Regular Second Appeal.

(3.) IN view of the aforesaid, the Regular Second Appeal is partly allowed. The alternative suit of the appellant for recovery of the earnest amount of Rs. 10,000/- is decreed with no order as to costs. Copy of the order be given dasti on payment of usual charges. Appeal partly allowed.