ORDER

1. Leave granted.

2. The only question in this appeal is whether the High Court should have entered into a finding of fact arrived at by the first appellate court under Section 100 CPC.

3. The suit in question was filed by the appellants against the respondents for specific performance of an agreement to sell agricultural land at a price of Rs 4,27,635. It was the appellants case that they had paid the earnest money g amount of Rs 65,000 and the balance amount was to be paid on the date of the execution of the sale deed which was fixed for 11-6-1990. The grievance of the appellants was that despite the appellants being present for the purpose of completion of formalities of the agreement of sale, the respondent defendants did not turn up.

4. The respondents contested the case. On the finding by the trial court that the appellant was not present at the office of the Sub-Registrar on 11-6-1990 and that the appellant was not in a position to complete the sale transaction by way of payment of the balance consideration, the suit was dismissed. The appellant took up the matter in first appeal. The first appellate court gave detailed reasons for coming to the conclusion that the app