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VALMIKI J.MEHTA
D. C. Khosla (Deceased) Through Lrs. – Appellant
Versus
Vinod Kumar Jain – Respondent
Valmiki J. Mehta, J—This Regular Second Appeal under Section 100 of the Code of Civil Procedure, 1908 (CPC) is filed by the appellants/plaintiff against the impugned Judgment of the First Appellate Court dated 10.2.2004 whereby the first appellate court instead of granting specific performance of the Agreement to Sell dated 30.11.1978 only granted compensation to the appellants/plaintiff as stated in the agreement to sell. The original plaintiff has expired pendente lite and is now represented by his legal heirs. Appellants are aggrieved because in spite of holding that there did exist an agreement to sell, there was breach of contract on behalf of the defendant/respondent, time was held not to be of the essence of the contract, and, the plaintiff had proved his readiness and willingness, yet, the first appellate court instead of granting specific performance only granted compensation. It is argued by the appellants that the conclusion of the first appellate court is based upon the judgment of the Supreme Court in the case of Dadarao and Another vs. Ramrao and Others (1999) 8 SCC 416: [1999] 9 Supreme 103. but the ratio of this judgment in the case of Dadarao (supra
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