( 1 ) THE second appeal was admitted on the following substantial question of law, namely :"whether the lower appellate Court could non-suit the plaintiff-appellant on the ground that he possessed 125 bighas of land in the circumstances of the present case ?"

( 2 ) THE brief facts leading to the second appeal is that the plaintiff filed a suit for specific performance of an agreement to sell dated 23-5-1981, wherein, the plaintiff agreed to purchase the land for a sum of Rs. 11,000. 00 out of which the plaintiff had paid a sum of Rs. 4,000. 00 as earnest money and the balance amount of Rs. 7,000. 00 was to be paid at the time of the execution of the sale deed. It was alleged that the plaintiff was always ready and willing to perform his part of the contract. On the other hand the defendant was resiling from the contract and was not willing to execute the sale deed. The plaintiff gave a notice to the defendant and in spite of the receipt of the notice, the defendant did not execute the sale deed, hence the suit for specific performance.

( 3 ) THE defendant, on the other hand, contended that he was always willing to execute the sale deed and in fact, upon the receip