A.K.SIKRI,J. - (1.) First, the facts and events in chronological order, as reading of these facts will facilitate proper understanding of the issues that have cropped up in the instant appeal of the dispute between the parties. One Jeevandas was the owner of a part of property bearing plot Nos. 109 to 112, which was demarcated and known as sub-plot No.10 of the said plot. This sub-plot measures 828 square yards and is situated outside Shanpur Darwaza, Mahendi Kuva Road, Ahmedabad. Jeevandas executed a sale deed in respect of this plot (hereinafter referred to as the 'suit property') in favour of one Kantibhai (for short 'Kanti') on 16.04.1959 for 99 years, of which yearly rent fixed was Rs. 1860/-. This lease deed also provided an option to the lessee to purchase the suit property. The lessee (Kanti) executed an Agreement of Sell dated 15.07.1974 in respect of the suit property in favour of one Jitenderkumar Nanjibhai (for short 'Jitender') at a total consideration of Rs. 1,85,001/-. The purchaser paid earnest money of Rs. 25,000/- at the time of execution of the said Agreement to Sell. This agreement further provided that the sale deed would be executed within a period of five months from the date of execution of the agreement. Sale deed was, however, not executed within the said period and by mutual agreement this period was extended by another five months. A further sum of Rs. 20,000/- was paid by Jitender to Kanti. However, even during the extended period, no sale deed could be executed.
(2.) According to Jitender (purchaser), the period for execution of the sale deed was further extended by two years, though Kanti disputed this. Kanti gave notice dated 06.05.1981 to Jitender for cancellation of Agreement to Sell putting blame on Jitender in not performing his part of the contract. Jitender replied to the said notice taking the position that the period for execution of sale deed had been further extended.
(3.) As this led to dispute between the two, Kanti filed two suits against Jitender: for cancellation of Agreement to Sell and for possession and mesne profits. After sometime, Jitender also filed suit against Kanti for specific performance of Agreement dated 15.07.1974. All these suits were clubbed together. The trial court decreed the suit filed by Kanti. Suit of Jitender for specific performance was dismissed barred by limitation as well. The trial court also returned the finding to the effect that Jitender could not establish that he was ready and willing to perform the contract. He, in fact, did not even enter the witness box in support of his case. The trial court, therefore, accepted the case put up by Kanti to the effect that even when Kanti was in a position to handover complete and vacant possession of the suit property, Jitender did not perform his part of the contract within stipulated period.;