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, f