DEVA RAM Vs. ISHWAR CHAND

JUDGEMENT

(1.) The legal proceedings for land comprising khats khatauni No. 45/63, Khasra No. 348 (Area 34.9 bighas) situate in Village Chuling, Dist. Kinnaur in the State of Himachal Pradesh was initiated by the appellants defendants) before the Compensation Officer, Poon, for certain relief but when their application seems to have been contested by respondents (plaintiffs), it was withdrawn on August 24, 1971. Thereafter, the present respondent's father Shri Pacam Ram, who is since dead and is represented by the respondents, came forward with a suit for recovery of a sum of Rs. 6,300/- as sale price for the aforesaid land against the present applicants on the ground that by document dated September 1, 1976 (referred to as 2nd September, 1976 at some places in the record), the land in question of which he was the owner was transferred to the appellant which the appellants had promised to pay on November 11, 1976 but they did not pay the amount and continued to remain in possession which they should have surrendered for having not paid the above stipulated amount.

(2.) The suit was contested by the appellants on the grounds inter alia that they were tenants under the plaintiffs, namely Padam Ram, and were already in possession. They also pleaded that the document dated September 1, 1976 was obtained by fraud and undue influence and was, in case, void being against the provisions of Himachal Pradesh Tenancy and Land Reforms Act under which they have become owners of the land.

(3.) A number of issues were framed in this suit, one of which namely, Issue No. 5, read as under: