IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 650 OF 2008 Saroj Suresh Giri ...... ...... ...... Appellant V/s M.Siddiqueali Habibullah...... ...... ...... Respondent. Mr.Krishna Kore, Adv. For the appellant. CORAM: R.V. MORE, J. 21st OCTOBER, 2008. PC: Heard Mr.Kore, learned advocate for the appellant. The appellant is the original defendant and respondent is the original plaintiff. Suit was filed for specific performance of an agreement dated 6.7.2000 under which appellant-defendant agreed to sale house property bearing No.3711 admeasuring 729 sq. ft. consisting of two rooms. Learned advocate for the appellant did not dispute the execution of the agreement by the appellant and defendant. Both the lower Courts concurrently held that the respondent-plaintiff is ready and willing to perform his part of contract and therefore passed a decree. The question as to whether the respondent-plaintiff was so ready and willing to perform his part of contract can by no stretch of imagination be said to be question of law, as held by Apex Court in (2008 8 SCC 287. Both the Courts 1 below have recorded the findings after appreciating the evidence on record. The appreciation of evidence cannot be said to be perverse and therefore no interference is called for in this second appeal. 2. Mr.Kore, learned advocate for the appellant also submitted that the suit for possession ought to have been filed within six months under the provisions of section 6 of the Specific Relief Act and since the same was not filed within that period it is barred by law of limitation. In my view, submission is misconceived. Section 6 of Specific Reliefs Act has no application to the facts of the present case. It is not case of the appellant-defendant that he is in forcible possession of the suit property. Therefore section 6 of Specific Reliefs Act has no application. No case is made out. Second appeal stands dismissed. 3. In view of disposal of second appeal, civil application No.1635 of 2008 does not survive and the same also stands disposed of. C.C. Expedited. 21.10.08 (R.V. MORE, J.) 2