- (1.) Heard Sri Neeraj Tripathi, learned counsel for the appellant and Sri Kunal Ravi Singh, Advocate for respondents. This is a defendant's second appeal having been filed by defendant No. 3, Smt. Balwant Kumari Yadav (since deceased and substituted by her legal heirs) wife Sri Sohan Lal.
(2.) The substantial questions of law which are required to be considered in this appeal are: "(I) Whether the Lower Appellate Court was right in holding that the benefit of Section 40 of Transfer of Property Act, 1882 (hereinafter referred to as the "Act, 1882") will not be given to the appellant? (II) Whether the Lower Appellate Court has rightly drawn the conclusion that the plaintiffs-respondents have always been ready and willing to perform the essential terms of the agreement as contemplated under Section 16 of the Specific Reliefs Act?"
(3.) Before adverting to aforesaid questions it would be necessary to have a brief facts giving rise to present appeal.;