Sandeep K. Shinde, J. - (1.) Appellant-Original defendant seeks admission of this second appeal on the following substantial questions of law; (i) The findings recorded by the Trial and First appellate Courts, that the plaintiff was ready and willing to perform his part of the contract being inconsistent with the evidence and perverse, whether the decree for the specific performance granted by the Courts is sustainable? (ii) Whether plaintiff has satisfied and established the ingredients of Section 16(c) for the Specific Relief Act, 1963.
(2.) Whether the suit was barred by limitation; whether the plaintiff is guilty of negligence or latches, which by and large may not be questions of law of general importance, but then cannot also be considered to be pure questions of facts based on appreciation of evidence as held by the Hon'ble Apex Court in the case of B. K. Sri Harsha (D) By L.R. & Anr. Vs. M/s. Bharath Heavy Electricals Ltd. reported in, 2008 AIR(SC) 1267.
(3.) In this appeal the appellant essentially has raised the issue as to whether the plaintiff has satisfied the requirements of Section 16(c) of the Specific Relief Act, 1963.;