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Issues Involved:
1. Readiness and willingness of the plaintiff to perform the contract. 2. Alleged cancellation of the agreement by the plaintiff. 3. Timeliness of the suit filing. 4. Discretionary nature of granting specific performance. 5. Variance between pleading and proof. 6. Rejection of a document (Ex-A-1) by the courts. 7. Substantial question of law in the second appeal. Issue-wise Detailed Analysis: 1. Readiness and Willingness of the Plaintiff: The trial court evaluated whether the plaintiff was ready and willing to perform his part of the contract as per Section 16 of the Specific Relief Act. The court concluded in favor of the plaintiff, indicating that the plaintiff had demonstrated readiness and willingness to fulfill the contractual obligations. 2. Alleged Cancellation of the Agreement: The defendant claimed that the plaintiff had canceled the agreement after receiving Rs. 3,500/-. However, the trial court found no merit in this defense and ruled against the defendant, supporting the plaintiff's stance that the agreement remained valid. 3. Timeliness of the Suit Filing: The issue of whether the suit was filed within the period of limitation was raised. The trial court determined that the suit was filed within the permissible time frame, thus rejecting the defendant's argument of the suit being time-barred. 4. Discretionary Nature of Granting Specific Performance: The defendant argued that the grant of specific performance is discretionary and should not be given as a matter of course. The courts below, however, exercised their discretion in favor of the plaintiff, granting the decree for specific performance based on the merits of the case. 5. Variance Between Pleading and Proof: The defendant contended that there was a significant variance between the plaintiff's pleading and proof, which should have led to the dismissal of the suit. The courts below did not find this argument compelling enough to overturn the plaintiff's claim. 6. Rejection of Document Ex-A-1: The defendant argued that the courts erred in rejecting document Ex-A-1, which was allegedly executed by the plaintiff after receiving Rs. 3,500/-. The courts below dismissed this document on the grounds that it was not relevant to the case at hand. 7. Substantial Question of Law in the Second Appeal: The High Court dismissed the second appeal without addressing whether a substantial question of law was involved. The Supreme Court noted that the High Court failed to consider whether the case raised substantial questions of law, which are crucial for a second appeal under Section 100 of the Code of Civil Procedure, 1908. The Supreme Court emphasized that questions regarding the readiness and willingness of the plaintiff, the exercise of discretion in granting specific performance, and the timeliness of the suit are substantial and should be adjudicated in the context of relevant legal provisions. Conclusion: The Supreme Court found that the High Court erred in summarily dismissing the second appeal without properly evaluating whether substantial questions of law were involved. Therefore, the Supreme Court set aside the High Court's judgment and remanded the case for a fresh hearing and disposal. The High Court was directed to consider whether any substantial question of law exists and to articulate its reasons for its conclusions, ensuring a thorough judicial review. The Supreme Court underscored the importance of ensuring justice according to law and highlighted the constraints imposed by the amendments to Sections 100 and 115 of the Code of Civil Procedure. The parties were directed to appear before the High Court on a specified date for further proceedings.
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