PHOOL SINGH Vs. BABU RAM

JUDGEMENT

(1.) (Oral) - This is plaintiffs' Regular Second Appeal against the judgment and decree passed by both the Courts below whereby their suit for possession by way of decree for specific performance has been dismissed. The trial Court has dismissed the suit of the plaintiffs while deciding Issues No. 1 to 3 and 5 against them which pertain to whether the plaintiffs were ready and willing to perform their part of the contract. A categoric finding of fact has been recorded by the trial Court that the plaintiffs have failed to prove that they are ready and willing to perform their part of the agreement. The said finding of fact has been recorded while taking into consideration the following aspects:-

(2.) This fact further indicates the intention of the plaintiffs that they were not ready and willing to perform their part of the contract.

(3.) On the basis of above findings of facts, the aforesaid issues were decided against the plaintiffs and their suit for possession by way of specific performance has been dismissed.