ORDER

On 1st March, 1975 the defendant-respondent herein entered into an agreement with the plaintiff-appellant herein for sale of property mentioned in schedule B of the agreement and also a parcel of premises No. 98/1, Diamond Harbour Road, Calcutta for a sum of Rs. 25,000/-. It was also agreed that the balance money shall be paid within three months. It appears that the plaintiff-appellant did not pay the balance amount and sought extension of time to pay the same. The defendant-respondent agreed to extend the time by another two months. It is alleged that despite extension of time, the balance money was not paid and therefore, the defendant-respondent revoked the agreement. It is under such circumstances the plaintiff-appellant brought a suit for specific performance of the agreement to sell in the Court of Subordinate Judge, Alipore, 24 Parganas. The trial court found that the plaintiff-appellant did not prove his readiness and willingness to perform his part of the contract. In that view of the matter, the suit was dismissed. The plaintiff-appellant thereafter filed a regular first appeal before the Calcutta High Court. The said appeal was also dismissed. It is against the s