BIRBAL Vs. NET RAM

JUDGEMENT

(1.) THIS is plaintiff's Regular Second Appeal against the judgment and decree dated 22.11.1983 passed by Additional District Judge, Hissar, whereby suit of the plaintiff for recovery of Rs. 4,000/- and in alternative suit for possession by way of specific performance has been dismissed.

(2.) THE plaintiff-appellant filed the aforesaid suit by alleging that on 28.4.1977, the defendant-respondent entered into an agreement with the plaintiff to mortgage his land measuring 16 Kanals for 4,000/-. On the very same day, he received the mortgage money of Rs. 4,000/- and delivered possession of the mortgaged land to the plaintiff. According to the terms of the said agreement, the defendant was to get the agreement registered by 1.5.1978 and in case, the defendant failed to get the mortgage deed registered in time, the plaintiff was entitled to get the mortgage deed registered through the court. It was further agreed that in case, the mortgage money is paid back to the mortgagee before 1.5.1978, then the agreement shall be treated as cancelled.

(3.) ON the pleadings of the parties, the following issues were framed :-