HARINDER MOHAN CHADHA Vs. MOHINDER KUMAR & COMPANY

JUDGEMENT

(1.) This order would dispose of the above application, OMP No. 97 of 1991, which has arisen out of Civil Suit No. 62 of 1987, which was disposed of by a consent decree of this Court dated 12th August, 1987.

(2.) Briefly, the facts are that the applicant had filed a suit for specific performance with, regard to the §ale of property covered by agreement to sell dated 10.6.1987 against the defendants in respect of the property described as "Upper Portion of Chopra Orchard i.e. the portion on the upper (left) Bank of Kullu -Manali road on the 13Kms. post situated at village Raison, Tehsil and District Kullu measuring approximately 26 Biglias 15 Biswas.

(3.) The terms of the agreement to sell between the parties dated 10.6.1987 contained a memorandum to the said agreement to sell to which the defendants -Mohinder Kumar and Company were parties. It is clearly spelt out in the said memorandum that an agreement of the said date has been entered into between! the parties for the sale by the defendant of upper portion of their chopra orchard situated in village Raison, as mentioned above, to the plaintiff. It is further stipulated therein that the aforesaid upper portion of Chopra Orchard is comprised of 25 Bighas 08 Biswas of registered ownership bearing Khasra Nos. 450 to 455, 457, 458, 469 and 1440/1227, as well as Kastkari land measuring 6 Bighas 15 Biswas bearing Khasra Nos. 447 to 450, and 1443/1228, in all 32 Bighas 03 Biswas.