1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR SECOND APPEAL NO. 121 OF 2009 (Nanaji Mondi Bitpalliwar vs. Prakash Manik Sahare & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. Heard Shri Bapat, learned counsel for the appellant. The appeal is by the original plaintiff, challenging concurrent rejection of his suit for specific performance. The Courts have found that his contention that possession was delivered to him was incorrect and the plaint did not contain necessary averments. Shri Bapat, learned counsel has contended that the execution of agreement was not in dispute and the legal notice sent by the plaintiff for execution of sale deed to the respondent / defendant was not replied to. It is to be noted that the grant of relief is in discretion of Courts and here the agreement is found to be interpolated by adding the words about delivery of possession. The witness for the plaintiff 2 himself accepted that the possession was not given when agreement was entered into. Similarly, there is no plea in the plaint that the plaintiff was always ready and willing to perform his part of contract. The concurrent findings on all issues are against the appellant/ plaintiff. In this background, I do not find any substantial question of law arising in this Second Appeal. It is dismissed. No order as to costs. JUDGE *GS.