The plaintiff must demonstrate consistent readiness and willingness to execute a contract to obtain specific performance, as clarified under Section 16(c) of the Specific Relief Act.

JUDGMENT :

Chandra Kumar Rai, J.

1. Heard Mr. Pramod Kumar Pandey, learned counsel for the defendants/appellants and Mr. Chetan Chatterjee for the plaintiff- respondent no.1.

2. Brief facts of the case are that defendant- Shamsher was recorded tenure holder of khasra No. 192 area 0.749 hectare situated in Village- Tabar Ahatmal, Pargana- Sarsawa, Tehsil- Nakud, District Saharanpur. A registered agreement to sale dated 13.6.1994 was alleged to be executed between defendant- Shamsher Singh and plaintiff- Sukhbeer Singh in respect to khasra No. 192 area 0.749 hectare for execution of sale deed for Rs. 100000/- in which 55000/- was alleged to be paid as earnest money and Rs. 45000/- was to be paid at the time of execution of sale deed. Plaintiff has issued notice dated 2.6.1995 and 25.6.1995 to defendants fixing date for execution of sale deed but defendants failed to appear before the Sub-Registrar. Defendant No.1 executed sale deed on 24.6.1995 in favour of defendant Nos. 2 to 4 in respect to khasra No. 192. Hence an original suit No. 408 of 1995 was filed by plaintiff/ Sukhbeer Singh impleading defendant nos. 1 to 6 for decree of specific performance and permanent injunction. The Trial Court vide judgement and decree dated 15.12.2022 dismissed the plaintiff's suit. A civil appeal No. 95 of 2022 filed by plaintiff was allowed by Additional District Judge, Saharanpur setting aside the judgement and decree of Trial Court dated 15.12.2022 and decreed the plaintiff suit. Hence this second appeal on behalf of defendants for following relief :-

"The relief sought by the Appellant through this Second Appeal that this Hon'ble Court may graciously be please to allow the appeal with cost and Set-a-side the Judgement and order dated 10.2.2025 and decree dated 17.02.2025 passed by Additional District Judge, Court No.9 Saharanpur in Civil Appeal No.95 of 2022 (CNR No. UPSPO101755822022), (Sukhbeer Singh Vs. others), and otherwise Shamsher Singh appellants shall suffer irreparable loss.

And to pass such further relief which this Hon'ble Court may deem fit and proper in view of the facts and circumstances of the case in favour of the appellant."

3. Following substantial question of law are framed in memo of instant second appeal:-

1. Whether, the impugned judgment and order dated 10.02.2025 and decree dated 17.02.2025 of the Lower appellate Court are patently illegal and bad in the eye of law hence the same is liable to be set aside by this Hon'ble Court in the interest of justice ?

2. Whether, thereafter, the evidence was led by the parties on the issues framed by the trial court, the suit of the the plaintiff/respondent was dismissed by its judgment and order dated 15.12.2022 and passed the decree dated 16.12.2022 by the lower court and as such the finding recorded by the lower court is just, legal, and sustainable in the eye of law.

3. Whether, feeling aggrieved by the judgment dated 15.12.2022 and the decree dated 16.12.2022, the Plaintiff/respondent challenged the same in the court of the Additional District Judge Court No.9 Saharanpur. Thereafter the Learned Lower Appellate Court without considering finding recorded by the Lower Court, illegally, and wrongly passed the judgment and order on 10.02.2025 and decree on 17.02.2025 against the defendant/appellants and set aside the order of the lower court and allow the appeal of the plaintiff which is illegal, arbitrary and cannot legally sustained?

4. Whether, the Lower appellate court, while passing the impugned judgment and decree, failed to appreciate the cor