JUDGEMENT :

1. The appellants are the original plaintiffs. The appellants had filed Special Civil Suit No. 51 of 1989 for specific performance of contract against the defendant/respondents herein. The said special civil suit was decreed by the trial court thereby directing the defendant/respondents to execute sale deed of the suit land in favour of plaintiffs.

2. The defendant/respondents herein preferred Regular Civil Appeal against the said judgment and decree bearing Regular Civil Appeal No. 52 of 2009. The learned first appellate court allowed the said appeal and reversed the finding of learned Civil Court thereby dismissing the suit on two counts i.e. the suit is barred by limitation and also barred under II Rule 2, C.P.C.

3. The appellants/plaintiffs approached this Court. The second appeal was admitted on following substantial questions of law vide order dated 25.11.2009.

(1) Whether in the facts and circumstances of the present case, the decree for specific performance of the agreement to sell is to be refused only on account of delay and whether findings of the First Appellate court that time of essence of contract is patently erroneous in the context?

(2) Whether in the facts