account issued by bank. The said statement reflectes that, the Plaintiffs have withdrawn Rs.3,80,000/- on 23rd July, 2010, however, there is no entry of withdrawal of other amount of Rs.1,60,000/-, Rs.1,50,000/- and Rs.49,000/-. Both the Courts have concurrently held that, there is no documentary evidence that, Plaintiffs have made cash payment of Rs.7,39,000/- to Defendant No.1 and, that, there is no separate receipt about cash payment and endorsement on the agreement about above cash payment. In view of said evidence on record, both the Courts held that, Plaintiffs have failed to establish cash payment of Rs.7,39,000/- to Defendant No.1. Thus, what is held by both the Courts is that Plaintiffs failed to establish payment made by cash payment. The said finding recorded by the Courts do not establish that the Plaintiffs have come up with false case and, therefore, not entitled to relief of specific performance. In fact, the factual position on record clearly shows that, the Plaintiffs have proved his readiness and willingness to perform his part of the contract. The finding of both the Courts is that, the Plaintiffs have failed to prove such cash payment, as there is no evidence to support the said contention.
