A.K.JAIN, V.S.DESHPANDE, YOGESHWAR DAYAL
RAJ RANI – Appellant
Versus
KARTAR SINGH – Respondent
( 1 ) THE decision of this appeal turns on the question whether the plaintiff- respondent was ready and willing to purchase the property from defendant-appellants from the date of the contract between the parties till the date of the filing of the suit for specific performance by the plaintiff-respondent against the defendants.
( 2 ) THE suit for specific performance filed by the plaintiff-respondent against the defendants appellants has been decreed by the trial Court. Hence this appeal by the defendants appellants. The facts and circumstances on which the decision in the appeal would be arrived at may be shortly stated.
( 3 ) THE ground floor portion of the building in suit was leased by the defendants-appellants to the plaintiff-respondent in 1958. On 21-9-1961, the defendants-appellants agreed to sell the building in suit to the plaintiff-respondent. The conveyance of the property, however, did not take place and a fresh agreement to sell was executed by the defendants-appellants in favour of the plaintiff-respondent on 20-3-1962. The material clauses of the agreement to sell were as follows :- (2) The sellers were to pay off the mortgage on the suit property in
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