JUDGMENT :

Defendant, who suffered a decree of specific performance before the courts below, has come up with the present Second Appeal, which came to be admitted by this court on 4.3.2019 on the following substantial questions of law:-

“(1) Whether the courts below are correct in granting the decree for specific performance of unregistered sale deed Ex.A3, when the plaintiff has not exhausted his remedy under Section 35 of the Registration Act?

(2) Whether the courts below are correct in decreeing the suit for specific performance without giving a finding as to whether the plaintiff is ready and willing to perform his part of the contract as mentioned under Section 16(c) of the Specific Relief Act?

(3) Whether courts below are correct in invoking the bar under Section 92 of the Indian Evidence Act against the defendant, when PW1 and PW2 have deposed contrary to the recitals contained in Ex.A3 in the matter of passing of consideration?

(4) Whether the courts below are correct in decreeing the suit for specific performance when the plaintiff herself has stated about the handing over of the title deeds-Exs.A1 and A2 contrary to her pleadings?”

2. The case of the plaintiff is as under:-

The