RAGHBIR SINGH Vs. KRISHNA

JUDGEMENT

(1.) For the reasons stated in the application, delay of 157 days in re-filing the appeal is condoned.

(2.) As per the general averments in the plaint, the plaintiff had been ready and willing to perform his part of the agreement but it was alleged that defendant had committed fraud by concealing material facts regarding mortgage of the land agreed to be sold to the plaintiff and in this regard, a criminal case i.e. FIR under Sections 420, 120-B Penal Code was lodged against the defendant. The suit for specific performance was filed on 19.04.2008.

(3.) The defendant opposed the suit and relied contents of the FIR whereby plaintiff had demanded back sum of Rs. 2 lakhs. In such circumstances, it was averred that readiness and willingness had ceased to exist. Plaintiff did not appear before the office of Sub Registrar but the defendant did. Both the parties examined witnesses in support of their respective stand.