JUDGMENT/ORDER

1. Second Appeal deserve an admission on the following substantial questions of law :-

(L) Whether the Lower Appellate Court, was justified in not appreciating that general rule is to grant specific performance unless strong equities lie against the Plaintiff? In the present matter, in fact equities lie in favour of the appellant/plaintiff ?

(M) Whether the Lower Appellate Court was perverse in holding that the Plaintiff must prove that he possessed Rs.5,51,000.00 in cash at the relevant time and he was having payment potential and capacity on the date of agreement to pay that amount to Defendant No.17?

(N) Whether the Lower Appellate Court was perverse in holding that the Plaintiff ought to have filed his bank statement or income tax record to prove his financial capacity? and whether the Lower Appellate Court was perverse in drawing adverse inference against the Appellant/Plaintiff for non-production of such record, so as to dismiss his suit for specific performance?

2. Admit.

3. By consent, Appeal is taken up for hearing finally since the parties have placed on record the private paper book/ compilation of documents.

4. The Second Appeal is filed by the original plainti