Advocates:
Advocate Appeared:
For the Petitioner: Ms. R Choudhury, Mrs. B Hazarika, Mr. A H M R Choudhury

Based on the provided legal document, the key legal principles and findings are as follows:

1. Readiness and Willingness in Specific Performance Claims: In a suit for specific performance, the plaintiff must establish their readiness and willingness to perform the contract. Formal notice to the defendant is not a mandatory requirement to demonstrate such readiness, as repeated demands and conduct can suffice (!) (!) .

2. Issue of Readiness and Willingness: Although the trial court did not explicitly frame an issue on the plaintiff's readiness and willingness, the first appellate court formulated this point and examined the evidence, concluding that the plaintiffs had demonstrated their readiness through their conduct and repeated demands for performance (!) (!) .

3. Evidence and Findings of the Appellate Court: The appellate court's detailed analysis of oral and documentary evidence justified its conclusion that the plaintiffs were ready and willing to perform their contractual obligations, despite the absence of formal notices. The court emphasized that proof of readiness does not necessarily require deposit or payment of the remaining consideration, aligning with legal principles that focus on conduct and demand (!) (!) .

4. Court's Discretion and Evidence Evaluation: The appellate court's findings were based on a comprehensive evaluation of evidence, and the court found no perversity or legal error in these findings. The court also noted that the absence of a formal notice does not negate the plaintiff's readiness, provided there is evidence of repeated approaches and demands (!) (!) .

5. Substantial Questions of Law: The appellate court concluded that no substantial question of law was involved in the appeal, and the appeal was therefore dismissed. The court emphasized that the involvement of legal questions must be demonstrable and that factual findings based on evidence are within the court's discretion (!) (!) .

6. Procedural Aspects: The court clarified that even if an issue on readiness and willingness was not explicitly framed in the trial court, the appellate court's authority under procedural rules allows it to formulate such issues and examine the evidence accordingly (!) (!) .

7. Final Judgment: The appellate court dismissed the appeal, holding that the findings of readiness and willingness were supported by evidence and that no legal error warranted interference. The appellant was ordered to bear the costs of the appeal (!) (!) .

In summary, the legal principles underscore that proof of readiness and willingness in specific performance suits can be established through conduct and repeated demands, without the necessity of formal notices or deposit, and that courts are justified in evaluating evidence to determine such readiness.