1 S.B.CIVIL FIRST APPEAL NO.60/2010. Radheyshyam Sharma. VS Satyanarayan Sharma. IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR ORDER S.B.CIVIL FIRST APPEAL NO.60/2010. Radheyshyam Sharma. VERSUS Satyanarayan Sharma. 10.03.2010. HON'BLE MR.JUSTICE DALIP SINGH Mr.Rajesh Kapoor, for the appellant. ***** Heard learned counsel for the appellant. The sole contention which has been raised by the learned counsel for the appellant in this first appeal is with regard to the issue No.2 that the plaintiff has not pleaded and proved that he was ready and willing to perform his part of the contract. In order to appreciate the aforesaid contention, a few facts may be taken into account. The agreement for sale was executed between the parties on 13.01.2007 for an agreed sum of Rs.2,90,700/- out of which the plaintiff paid to the defendant a sum of Rs.2,50,000/- and only an amount of Rs.40,700/- was required to be paid at the time of the registration of the sale-deed. It was, however, agreed that the sale- deed would be registered within thirty days from the date of the agreement. The plaintiff in the plaint in para 5 has made the following averments with regard to his readiness and willingnes:- 2 S.B.CIVIL FIRST APPEAL NO.60/2010. Radheyshyam Sharma. VS Satyanarayan Sharma. "5. यह Ǒक वादȣ, ूितवादȣ को ः वेÍ छा से बकाया रा िश 40,700/- Ǿपये देने के िलए सदैव त× पर है लेǑकन ूितवादȣ बकाया रकम ूाÜ त कर वादȣ के प¢ मɅ रǔजः शȣ करवाने हेतु तैयार नहȣं है इसिलए यह वाद पऽ जǐरये कोट[ ǒविनǑद[ं ट संǒवदा के पालना हेतु कोट[ Ʈारा पालना कर वादȣ के हक मɅ रǔजः शȣ िनं पाǑदत करवाने हेतु पेश करना आवँ यक हआ है । ु " The suit was instituted on 04.07.2007 i.e. within six months of the agreement dated 13.01.2007 itself. The above averments in para 5 of the plaint are sufficient for the plea of readiness and willingness to have been raised and merely because the parties had agreed that the registration of the sale-deed would be carried out within thirty days is not sufficient to reject the claim of the plaintiff that he failed to make the payment within thirty days from the agreement for the balance amount of Rs.40,700/-. In the present case which has come on record that out of the total amount of consideration an amount of Rs.2,50,000/- has been paid by the plaintiff to the defendants and only an amount of Rs.40,700/- remained and further that the possession of the land in dispute had also been handed over by the defendants to the plaintiff. In the facts and circumstances, therefore, the contention of the learned counsel for the appellant that the plaintiff had failed to aver in the pleadings in the plaint that he was ready and willing to perform his part of the contract cannot be sustained. No other plea has been raised by the learned 3 S.B.CIVIL FIRST APPEAL NO.60/2010. Radheyshyam Sharma. VS Satyanarayan Sharma. counsel for the appellant. Consequently, the appeal as well as the stay application stand dismissed. (DALIP SINGH),J. Solanki DS, Jr.P.A.