KRISHNA DEVI Vs. GIRU

JUDGEMENT

(1.) THE plaintiffs have filed second appeal against judgment, decree dated 24.7.2001 passed by learned District Judge, Kullu in Civil Appeal No. 96 of 2000, reversing judgment, decree dated 16.6.2000 passed by learned Senior Sub Judge, Lahaul and Spiti, exercising the powers of Sub Judge Ist Class, Kullu in Civil Suit No.230/1996. Some of the parties have died and their legal representatives have been brought on record. In this judgment the parties are referred to as plaintiffs and defendants.

(2.) THE brief facts of the case are that plaintiffs had filed a suit for possession by way of specific performance on the basis of agreement dated 5.7.1996 Ex. PW -2/A regarding land, more specifically described in the plaint. It has been stated that Parma Nand defendant No.1 had agreed to sell land in favour of plaintiffs vide agreement dated 5.7.1996 for a total sale consideration of Rs.40,000/ -. Out of the said amount, a sum of Rs.10,000/ - was paid as earnest money and the remaining amount was to be paid at the time of executing the sale deed. It was to be executed on or before 10.7.1997.

(3.) THE plaintiffs filed replication and reiterated their stand. On the pleadings of the parties, the following issues were framed: