KISHAN SINGH Vs. ISHAR SINGH

JUDGEMENT

(1.) IN this regular second appeal, the appellant -defendant Kishan Singh has challenged judgment decree dated 6.10.1999 passed by learned Additional District Judge, Rupnagar in which the findings of the learned Additional Civil Judge (Senior Division), Anandpur Sahib dated 21.8.1996 decreeing the suit have merged.

(2.) HEARD Mr. Muneesh Gupta, Advocate, for the appellant, Mr. BPS Virk, Advocate, for the respondent and perused the records. The undisputed facts are that Punjab Alkalies Chemical Ltd. (in short, PACL), Naya Nangal allotted tenders for certain civil works to defendant Kishan Singh by virtue of letter dated 16.8.1991 Mark 'A' and in pursuance of which Kishan Singh entered into an agreement with plaintiff Ishar Singh by way of Ex. P3 dated 5.9.1991 whereby it was decided that the works shall be executed by Ishar Singh under the supervision of Kishan Singh and out of returns, 90% shall go to the plaintiff and 10% to the defendant. It is during the course of events some sort of dispute arose between the two of them and Kishan Singh through letter dated 4.1.1992 Ex. D1 sent to PACL has given up execution of 7 items on account of his inability to execute and through letter of that very date Ex. D2, PACL accepted this and cancelled these items from the allotment and which were instead allotted to the plaintiff. It is thereafter a dispute had arisen between the two when Kishan Singh received Rs 1,20,000/ - from PACL.

(3.) THE only bone of contention is if the plaintiff was entitled to his share as per the agreement out of this amount or not. The learned trial court framed the following issues and after leading evidence has led to the passing of the impugned findings: -