GANESH LAL Vs. NARAIN

JUDGEMENT

(1.) This second appeal under Section 100 of Civil Procedure Code has been filed by plaintiff, who lost concurrently before the two Courts below in the suit for specific performance filed by him against the defendants in respect of an agreement to sell agriculture land for a consideration of Rs. 2500/- against which the plaintiff claims to have paid 7 1000/- as advance.

(2.) Learned trial Court rejecting the suit by the judgment and decree dated 22.8.1979, inter alia, deciding the issue of readiness and willingness against the plaintiff and discussing the evidence of his brother Bhanwar Lal and mother, noticed that the plaintiff himself had refused to purchase the agriculture land in question from the defendants and, therefore, finding with the statement of plaintiff himself against the pleadings, the learned trial Court rejected the suit.

(3.) The first appeal filed by the plaintiff also failed vide order dated 18.8.1980 passed by the learned Additional Civil judge, Udaipur and while reversing the finding of the learned trial Court on the time being the essence of the agreement in 'question and concurring with the learned trial Court against the plaintiff that he had readiness and willingness to perform his part of the contract, the appeal of the plaintiff also came to be dismissed.