JUDGMENT

1. Heard learned Counsel for the appellants and learned Counsel for the respondent.

2. Present appeal is filed by the appellants challenging the judgment and decree dtd. 26/02/2009 passed by the District Judge-4, Nagpur in Regular Civil Appeal No.329/1999 by that allowed the said appeal preferred by the plaintiff/respondent. The respondent challenged the judgment and decree dtd. 07/04/1999 passed by the learned Joint Civil Judge, Junior Division, Ramtek in Regular Civil Suit No.99/1989. This Court vide order dtd. 28/09/2016 framed following substantial question of law. "Whether by virtue of acquisition of the suit property by the Central Government under the provisions of the Coal Bearing Areas (Acquisition and Development) Act, 1957, the decree passed for specific performance of contract becomes unexecutable?"

3. After hearing both the parties and at their request, additional substantial questions of law framed by me as follows:

i) Whether time was the essence of contract?

ii) Whether plaintiff was ready and willing to perform his part of contract?

iii) Whether respondent is entitled for amount of compensation in lieu of specific performance of contract?

4. The brief facts