GOPAL KRISHAN VYAS, J. - (1.) IN this second appeal, at the time of admission, the following substantial question of law was formulated for adjudicating this appeal: Whether in case when the plaintiff was ready and willing to perform his part of contract even then the Courts below were right in refusing to grant decree of specific performance of contract?
(2.) IN this second appeal, the appellant is challenging the judgment and decree passed by Addl. District Judge, Bhilwara dated 23.4.1990 passed in Civil Appeal No. 38/85 whereby the learned appellate Court reversed the judgment and decree dated 11.10.1985 passed by Munsif and Judicial Magistrate First Class, Bijolia in Civil Original Case No. 29/82. According to the facts of the case, the plaintiff -appellant preferred a suit for specific performance of contract which was said to be written in between the parties on 18.1.1978. A prayer was made in the suit that the decree against the defendant respondents be passed for specific performance of the contract. So also, in the alternative, it was prayed that Rs. 2900/ - be allowed in form of decree in favor of plaintiff appellant with cost and interest.
(3.) THE suit was contested by the defendant respondents and after filing written statement by the defendant respondents, the learned trial Court framed five issues including the issue of relief. Learned trial Court after recording oral evidence as well as documentary evidence dismissed the suit of the plaintiff appellant vide judgment and decree dated 11.10.1985.;