Sanjay K. Agrawal, J
1. This is defendants' second appeal under Section 100 of the CPC questioning the judgment and decree passed by the First Appellate Court whereby
and whereunder the said Court has affirmed the judgment and decree of the trial Court granting decree for specific performance of contract in favour
of plaintiff No. 1.
2. Learned counsel for the appellants / defendants submits that the concurrent finding recorded by the two Courts below granting decree in favour of
the plaintiff are based on perverse ground and contrary to law and it involves substantial question of law for determination.
3. The respondent No. 1/ plaintiff Smt. Brijbai filed a suit for specific performance of contract against the defendants that agreement to sell was
executed by the defendants on 28.06.1991 and delivered the possession to sell the suit land at the rate of Rs.38000/- per acre and obtained Rs.16000/-
from the plaintiff but failed to execute the sale deed leading to filing of the suit for specific performance of the contract. In the said suit, the defendant
denied the execution of agreement to sell and contested the suit.
4. The trial Court after appreciating the oral and documentary evidence on record came to the specific conclusion that an agreement of sale was
entered into between the parties on 28.06.1991 for sale of the suit land for Rs. 26,600/- and defendants obtained Rs.16000/- from the plaintiff and the
plaintiff is ready and willing to perform her part of contract and is entitled for the decree of specific performance of contract which was upheld by the
First Appellate Court.
5. The two Courts below have concurrently held that the defendants executed agreement to sell in favour of plaintiff and plaintiff is ready and willing
to perform her part of contract. The finding recorded by the two Courts below is a finding of fact based on evidence available on record. As such, I
do not find any perversity or illegality much less for determination of substantial question of law in this second appeal.
5. Accordingly, the second appeal deserves to be and is hereby dismissed with no order as to cost(s). A decree be drawn up accordingly.