JUDGMENT :

1. The instant appeal has been preferred by the defendants/appellants against the judgment and decree passed by the Lower Appellate Court dated 20th January, 1982 passed in Civil Appeal No. 338 of 1980, as a result, a suit for specific performance of contract bearing R.S. No. 133 of 1973 which was dismissed by the Trial Court has been decreed by the Lower Appellate Court.

2. The aforesaid second appeal was admitted by means of order dated 26.05.1982 but no substantial questions of law was formulated. Later on 13.11.2017, the Court formulated the substantial question of law which reads as under:-

“(I) Whether the impugned judgment suffers from manifest illegality as the Lower Appellate Court did not formulate the point of determination and has not been complied with the mandate of Order 41 Rule 31 C.P.C.?”

3. During the course of the hearing, this Court by means of order dated 23.05.2023 formulated another question of law which reads as under:-

“(I) Whether the respondent was ready and willing to perform his part of the contract?”

4. It is upon the aforesaid two questions of law that the Court has heard Dr. R.S. Pandey, learned Senior Counsel assisted by Sri Virendra Bhatt, for the appellants and Sri Mohd. Arif Khan, learned Senior Counsel assisted by Sri Mohd. Shadab Khan, learned counsel for the respondents.

5. Before adverting to the submissions made by the learned counsel for the parties, it will be appropriate to notice the facts giving rise to the instant appeal, first:-

6. The dispute in question relates to a double storied house bearing No. 497/13 situate in Babuganj, P.S. Hasanganj, District Lucknow and bounded as under:-

North:-House of Ram Chandra son of Mahavir Prasad South:-Faizabad Road East:-House of Sant Prasad West:-Lane

7. The aforesaid property in question belonged to Ganga Prasad and Jagannath who had sold the said house in favour of Sri Gurdeen on 08.05.1970 for a total sale consideration of Rs. 2,500/-. On the very same day, it was agreed between Gurdeen and Ganga Prasad and Jagannath that if within a period of three years Ganga Prasad and Jagannath would pay a sum of Rs. 2,500/-to Gurdeen along with rent for the aforesaid premises at Rs. 50 per month then Gurdeen would re-convey the property to Sri Ganga Prasad and Jagannath.

8. It is in the aforesaid factual backdrop that Ganga Prasad and Jagannath instituted a suit for specific performance of contract on 08th May, 1973 against Gurdeen before the Court of Munsif (South) Lucknow which was registered as R.S. No. 133 of 1973.

9. It was pleaded that the plaintiffs had sold the said house to the defendant on 08.05.1970 and on the same day, the defendant had agreed to re-convey the property to the plaintiffs within three years upon receiving a sum of Rs. 2,500/-as well as rent at the rate of Rs. 50/-per month. It was also pleaded that a sum of Rs. 400/-towards rent had been paid by the plaintiffs to the defendant on 06.01.1971 and thereafter the plaintiffs had requested the defendant to accept the balance amount and re-convey the property to the plaintiffs but the defendant delayed the same.

10. Lastly, on 08.05.1973, it was agreed that the plaintiffs would pay the remaining amount and the defendant would execute the sale deed by reachin