IMPORTANT POINT
Second Appeal – Under Section 100, C.P.C., High Court cannot interfere with findings of fact arrived at by first Appellate Court which is final Court of facts.

ORDER :

1. Leave granted.

2. These appeals arise from the judgment and order passed by the High Court of Chhattisgarh, Bilaspur in Second Appeal No.279 of 2011 dated 23 March 2021 by which the High Court allowed the second appeal filed by the respondents herein (original plaintiffs) thereby setting aside the judgment and order passed by the first appellate court and restoring the judgment and decree passed by the trial court in the civil suit instituted by the respondents (plaintiffs herein).

3. The facts giving rise to these appeals may be summarised as under:-

(i) The appellants before us are the legal heirs of the original defendant and the respondents before us are the original plaintiffs.

(ii) It appears from the materials on record that the parties entered into an agreement of sale with respect to the suit property bearing Khasra number 111/3 admeasuring 0.238 hectares situated in village Parsahi Tehsil District Bilaspur. The original defendant namely Juglal was the lawful owner of the suit property. He died during the pendency of the suit instituted by the plaintiff seeking specific performance of the contract based on an agreement of sale dated 28 April, 1996.

(iii) In the agreement of sale, the total sale consideration fixed was Rs.50,000/- per acre. Rs.6000/- was paid to deceased Jugal by way of earnest money.

There is no dispute to the aforesaid extent.

(iv) It is the case of the original plaintiff that time was not made the essence of the contract in the agreement of sale. Although the agreement is of the year 1996, yet it is only in the year 2001 when the plaintiff realized that the defendant was not ready and willing to perform his part of the contract, that the suit had to be instituted.”

4. The trial court framed the following issues:-

5. The Trial Court upon appreciation of the oral as well as documentary evidence on record allowed the suit granting specific performance of contract in favour of the plaintiff. The operative part of the order passed by the trial court reads thus:-

“(13) After considering the above issues, this Court come to the conclusion that the plaintiff has been successful in proving his claim. Consequently, after accepting the claim of the plaintiff, an order is passed to the effect that:

(a) The defendants should execute the sale deed of the suit land, which is situated in Village Parsahi P.H. No.20, Tehsil and District Bilaspur bearing Khasra No. 111/3 acre 0.238 hectares, 1n favour of the plaintiff after taking the balance amount from the plaintiff within two months. Otherwise the plaintiff can get the sale deed of suit land executed through the court.

(b) The defendants will bear the litigation expenses of the plaintiff addition to themselves.

(c) If the advocate fee is certified on time, according to the schedule or according to the certificate, whichever is less, should be added to the litigation expenses.”

6. The appellants herein (original defendants) being dissatisfied with the judgment and order passed by the trial court preferred a regular first appeal before the Court of the District Judge, Balasore being Civil Appeal No. 29–A of 2010.

7. The First Appellate Court framed the following points for determination :-

“10. In view of the pleadings of the parties and grounds of appeal, the issues consi