AMOLAK SINGH Vs. KARNAIL SINGH

JUDGEMENT

(1.) Plaintiff-appellant is in the regular second appeal against the judgment passed by the learned first appellate court reversing the judgment and decree passed by the trial court ordering refund of the earnest money.

(2.) It may be noted that both the courts have recorded a concurrent finding that the plaintiff is not proved to be ready and willing to perform his part of the contract.

(3.) It is undisputed that the plaintiff filed this suit for possession by way of specific performance of the agreement to sell after a period of approximately 2 years and 11 months. During this period, plaintiff has not taken any step to get the agreement to sell enforced.