7. It is specific pleading of the defendant that the power of attorney was executed in favour of the defendant No.4 for arranging customer for selling the suit property but the defendant No.4 instead of searching the customer for purchasing the suit property, he entered into agreement with his own the plaintiff mentioning that Rs.15,000/- was paid as earnest money and the consideration amount was fixed at Rs.1,64,000/- which is very low for selling 2 bighas of land. After considering the materials evidences available on record, the lower Appellate Court recorded the finding that the defendant No.4 was only a commission agent and he dishonestly agreed to sell the property in favor of his son and the plaintiff entered into an agreement and the agreement was executed. The lower appellate Court also categorically recorded the finding that Rs.15,000/- was not paid to the defendant as claimed by the plaintiff. Now, therefore, the plaintiff’s suit can only be decreed if he shows that he was ready and willing to pay the consideration amount as provided under Section 16(C) of the Specific Relief Act. According to the plaintiff, he was ready and willing to pay the balance consideration amount of Rs.1,49,000/because Rs.15,000/- was paid as claimed by the plaintiff. As stated above, the lower appellate Court has recorded categorically that Rs.15,000/- was not paid to the defendants, the owner of the property. In such view of the matter, admittedly, the plaintiff was
