Judgment

A. N. RAY, C.J.I. :- This appeal is by certificate from the judgment dated 15 October 1969 of the Bombay High Court in First Appeal No. 420 of 1963.

2. The trial Court by its judgment dated 24 June 1963 decreed the suit in favour of the appellant. The High Court reversed the judgment of the trial Court.

3. The pre-eminent question in this appeal is whether the respondent has been ready and willing to perform the agreement entered into with the appellant. The case of the appellant is that there was an oral agreement for sale of property consisting of agricultural land admeasuring 23 acres approximately for a sum of Rs. 17,000/-. The respondent from time to time paid Rs. 12,000/- to the appellant. The respondent was also in possession of the property. The appellant called upon the respondent to pay the full amount of purchase price. The respondent failed to do so. The plaintiff, on respondents refusal to perform the agreement, filed the suit.

4. In the suit the reliefs claimed were possession of the property and in the alternative a decree fro Rupees 10,500/- consisting of the principal sum of Rs. 5,000/- as the balance amount of purchase price and interest thereon amounting to