SHRI HARSARAN SHARMA Vs. SHRI KASHMIRI LAL

JUDGEMENT

(1.) THIS Regular Second Appeal by the Plaintiff was admitted on the following substantial question of law:

(2.) APPELLANT /Plaintiff filed a suit for specific performance of agreement dated 21st January, 1994, Ex. PW -1/A, by which Respondent/Defendant agreed to sell his one -fifth share in land measuring 1 bigha 5 biswas bearing khasra No. 375/319/99 situate in village Bhatanwali, Tehsil Paonta Sahib, hereinafter referred to as suit property, alongwith two room structure standing thereon. As per agreement, sale deed was to be executed on or before 31st December, 1994. Sale consideration was settled at Rs. 48,000/ - and a sum of Rs. 8,000/ - was paid at the time of execution of the agreement. Remaining amount of Rs. 40,000/ - was agreed to be paid at the time of execution of the sale deed. Notices were issued to the Respondent/Defendant to execute the sale deed, when he did not heed to the oral requests. He did not respond even to the written notices. So, the suit was filed. It was specifically averred that the Plaintiff had always been ready and willing to perform his part of the contract and was still ready and willing to do so.

(3.) TRIAL Court concluded that permission of the Government under Section 118 of the H.P. Tenancy and Land Reforms Act was required to be obtained by the Plaintiff and he having failed to take any steps in that direction could not be said to have been ready and willing to perform his part of the contract. Consequently, the suit was dismissed. Appeal filed by the Plaintiff in the Court of District Judge also stands dismissed.