JUDGEMENT :- Whether the impugned judgement and decree of specific performance of contract is liable to be set aside being hit by Section 16(c) of the Specific Relief Act, 1963 as the plaintiff had failed td aver performance of, or readiness and willingness to perform the contract according to its construction.

2. The plaintiff sued the defendant for 1 kani of land. The plaintiff sold the suit land to the defendant for a consideration of Rs. 300/- on the condition of re-purchase if the consideration amount was repaid within three years.

Thereafter it is averred by the plaintiff that he offered the consideration money of Rs. 300/- to the defendant in Pous, 1966 A.D. and asked the defendant to execute a deed of reconveyance in favour of the plaintiff. The defendant did not accept it. There was a panchayat on or about the 12th day of Jaistha, 1374 B.S. corresponding to 27-5-1966 wherein the plaintiff offered the money to the defendant and demanded due execution of the deed of reconveyance but without any success. As the causes of action arose in the month of Magh, 1374 B.S. and 12th of Jaistha, 1374 B.S. (27-5-1966 A.D.) on account of the refusal of the acceptance of the consid