SUKH PAL Vs. RAJA RAM

JUDGEMENT

(1.) These applications were moved during pendency of the appeal, but vide an order dtd. 9/12/2022 of the Coordinate Bench, the same were ordered to be heard along with the main case.

(2.) The defendant has approached this Court contending that the findings recorded by the Courts below suffer from perversity, having been returned without proper appreciation of material evidence, in disregard of settled principles governing proof of execution of agreements to sell and the mandatory requirement of readiness and willingness under Sec. 16(c) of the Specific Relief Act, 1963.

(3.) Since the appeal arises from concurrent findings of fact, this Court is conscious of the limitations on its jurisdiction under Sec. 100 CPC. However, where such findings are shown to be based on misreading of evidence, non-consideration of material circumstances, or an erroneous approach to the law resulting in manifest injustice, interference by the High Court is not only permissible but obligatory.