JUDGMENT

Dinesh Maheshwari. J.

The appellant herein (since deceased and represented by his legal representatives) had filed the suit for specific performance of Agreement to Sell, being O.S. No. 392 of 1979, that was decreed by the Court of II Additional Civil Judge, Kanpur Nagar by the judgment and decree dated 10.12.1981. However, the decree so passed by the Trial Court was reversed by the Court of IX Additional District Judge, Kanpur Nagar in its judgment and decree dated 03.07.1995 in Appeal No. 54 of 1982, essentially on the ground that the plaintiff had failed to aver and prove his continuous readiness and willingness to perform his part of the contract. The High Court of Judicature at Allahabad, in its impugned judgment dated 10.12.2007 in R.S.A. No. 931 of 1995, while dismissing the second appeal filed by the plaintiff-appellant, affirmed the decree passed by the First Appellate Court. Aggrieved, the plaintiff-appellant has preferred this appeal.

2. Briefly put, the relevant background aspects of the matter are that on 13.08.1979, the plaintiff-appellant filed the suit aforesaid with the averments that the defendant-respondent had executed an agreement dated 16/17.04.1975 in h