WARYAM SINGH LAMBARDAR Vs. GURBAX SINGH

JUDGEMENT

(1.) This second appeal has been filed by the plaintiff in a suit instituted by him seeking possession of the suit property by specific performance of an agreement stated to have been entered into by him and the first respondent herein, i.e. Gurbax Singh, on 10.04.1981, with the suit having been initially decreed in his favour by the learned trial court. However, the appeal filed by the respondent-defendant was partly accepted by the first appellate court, to the extent that the appellant-plaintiffs' prayer for possession of the suit land was dismissed, with him instead having been granted a decree for recovery of Rs.5600/- with costs, and interest @ 12% per annum, running from the date of the agreement till the recovery was made.

(2.) In his suit, the appellant had contended that the respondent- defendant had agreed to sell him land measuring 7 kanals and 13 marlas, falling in khasra no.17R/8/1, situated at village Pale Nangal, Tehsil Batala, District Gurdaspur (the said khasra number later having been re-numbered as 17R/8/1 Min Charda-8/1 Min Charda-8/2 Min Lehnda), with the said agreement also stating that the trees standing on the land would be also sold to the appellant. The consideration was stated to have been settled at Rs.21,000/- per acre (the suit land being 7 marlas short of an acre).

(3.) The defendant (respondent herein) having filed a written statement, did not deny the execution of the agreement dated 10.04.1981 but submitted that the land had been agreed to be sold for a total sale consideration of Rs.21,000/- and not @ Rs.21,000/- per acre; and that the plaintiff had got entered a wrong entry to that effect, in collusion with the scribe and marginal witnesses.