A suit for specific performance of contract must be filed within three years from the date fixed by the parties for performance of the contract, and the plaintiff must aver and prove his readiness and willingness to perform his part of the contract.

( 1 ) THE plaintiffs were in need of money and took loan of Rs. 3,000/- by a security kobala dated 24-11-1964 and a registered Ekrarnama was also executed by the defendants on the same date stipulating the terms of reconveyance therein. Initially the plaintiffs filed a suit under Section 36 of Bengal Money Lenders act, 1940 on 7th May, 1970. Subsequently, the plaintiffs filed an application for amendment on 1st March, 1975. The learned trial judge dismissed the said application. The plaintiffs preferred appeal against the said rejection order and the appellate Court reversed the order.

( 2 ) BY virtue of an amendment the plaintiffs converted the suit into a suit for specific performance of contract and the appellate Court below accepting the amendment remanded the matter to the trial Court for fresh trial in terms of the amended prayer of the plaintiffs.

( 3 ) THE defendants contested the suit by filing written statement and additional written statement containing inter alia that the plaintiffs have not paid a sum of Rs. 3,000/- within the stipulated time, the right of reconveyance has been destroyed, so the suit must fall. During the pendency of the suit the defendant No. 1 and his heirs have been substituted by Order No. 89 dated 26-11-1980.

( 4 ) THE learned trial Judge on the basis of the above pleadings framed the following issues :-Issues : (1) Is the suit maintainable under Section 36 of the Bengal Money Lenders Act ? (2) Did the plaintiffs take a loan of Rs. 3,000/- from the defendants with a stipulation for interest of appropriation of the usufruct of the suit lands and did the registered agreement and document dated 24-11-1964 and ekrarnama of the same date constitute a loan transaction as alleged ? (3) Are the plaintiffs entitled to the reliefs, as prayed for ? (4) To what relief, if any are the plaintiffs entitled ? (5) Is the suit for specific performance of contract barred by limitation ? (6) Is the suit for specific performance of contract property valued and Court fees paid sufficient ? (7) Are the plaintiffs entitled to get a decree for specific performance of contract for sale of the property ? the issue No. 6 was not pressed at the time of hearing and the other issues were considered by the learned trial Judge and the learned trial Judge decreed the suit for specific performance with costs. The learned trial Judge got a decree for specific performance of contract against the defendants subject to deposit of a sum of Rs. 3,000/- in the Court by 30-9-1983 from the date. The learned trial Judge also passed the order that if the deposit is not made within the date mentioned, the suit will stand dismissed with costs. The learned trial Judge directed the defendants to execute and register a sale deed of the suit property at Rs. 3,000/- to the plaintiffs within 30 days from the date of such deposit as directed above failing which the plaintiffs will be at liberty to get the deed executed and registered through Court at the cost of the defendants. The defendants were given liberty by the learned trial Judge to withdraw the amount to be deposited by the plaintiffs on performing their part of contract and in case of their failure to execute and register the deed, the cost of registration etc. will be deducted from the amount to be deposited in the Court towards the consideration money.

( 5 ) CHALLENGING the said judgment and decree passed by the learned Munsif of bongaon in Title Suit No. 215 of 1970 the appellants/plaintiffs preferred Title Appeal no. 836 of 1983 before the learned 4th additional District and Sessions Judge, 24 parganas. Alipore, the learned appellate court below formulated the following points for determination :- (1) Is the plaintiffs suit in respect of prayer for specific performance of contract barred by limitation ? (2) Have the plaintiffs been ready and willing to perform their part of contract ? (3) Is the judgment of learned Munsif sustainable on facts and in law ? (4) To