- (1.)THE plaintiff is the appellant. The suit for specific performance was dismissed by the trial Court and such dismissal was confirmed by the Appellate court on appeal by the plaintiff, the plaintiff is therefore before this Court in this second appeal.
(2.)THE case of the plaintiff is that the suit plot belongs to the defendant and she on 19. 5. 1975 executed an agreement in favour of the plaintiff agreeing to sell the same for a sum of Rs. 10,000/- and a sum of Rs. 1500/- was paid as advance and the balance of Rs. 8,500/- was to be paid on or before may 1976. The amount was not paid alleging that he is ready and willing to perform his part of the contract offering to pay the balance of the sale consideration. He also prayed for a decree against the defendant for return of the earnest money with interest.
(3.)THE defendant contended admitting the agreement but denying that plaintiffs is ready and willing to perform the contract. She had already filed O. S. 67/78 against the plaintiff when he unlawfully entered into the possession of the defendant. The said suit was pending alleging that the plaintiff never approached her aged father to execute the sale deed or for refund of money. She contended that the advance paid should be forfeited.