HARDEI Vs. AMIN CHAND

JUDGEMENT

(1.) THIS Appeal by the defendant is directed against the judgment and decree dated 25th August, 1999 passed by the learned District Judge, Bilaspur whereby he dismissed the appeal of the defendant and upheld the judgment and decree dated 12.12.1989 decreeing the suit of the plaintiff.

(2.) THE undisputed facts are that the suit land was originally owned by Pala Ram. It is also not disputed that Pala Ram entered into an agreement to sell the suit property to Sh.Tulsi Ram, original defendant No. 1 for a sum of Rs.400/-. From the facts proved on record it is apparent that out of this amount of Rs.400/-, Rs.290/- was paid at the time when the agreement was entered into between the parties. THE proposed vendee was also put in possession of the suit land, though some dispute has been raised as to whether it was Tulsi or Sunder who was in possession. Be that as it may, there is no manner of doubt that the plaintiff has not been found to be in possession of the suit land.

(3.) SECTION 53-A of the Transfer of Property Act reads thus: