RFA 69/2014 Page 1 of 3

$~9

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+

RFA 69/2014

PRAVEEN KUMAR SHARMA

..... Appellant

Through: Ms. Protima Parihar, Advocate

versus

SH IRSHAD & ANR

..... Respondents

Through: Ms. Vibhya Mahajan Seth and Ms.

Heena Dua, Advocates for R-1

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

%

15.10.2015

1. This appeal is directed against the judgment and decree dated

12.11.2013. The appellant / plaintiff had filed a suit for specific

performance, which was dismissed by the trial court. A perusal of the

judgment shows that the trial court came to the conclusion that the

appellant /plaintiff had failed to establish that he was ready and

willing to perform his part of the contract and, would therefore, not be

entitled to relief of specific performance of the contract and,

consequently, possession of the suit property. This finding was

primarily pivoted on the fact that the appellant / plaintiff had not led

any evidence on this aspect of the matter.

1.1

The learned counsel for the respondents / defendants says that

th