MOTI RAM Vs. UTTAM SUCROTECH P LTD

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant against the judgment and decree of the learned District Judge, Kullu dismissing the appeal preferred by the appellant herein against the judgment and decree of the learned trial Court.

(2.) THE plaintiff had filed a suit for possession of the land on the basis of title. It was pleaded that he was the owner in possession of land compromised in Khasra No. 1601, khata khatauni No. 619/901 measuring 3-7-0 bighas situated in Phati Balh, Kothi Maharaja Tehsil and District Ghaziabad of Uttar Pradesh. It was pleaded that the defendant is a resident of District Ghaziabad of Uttar Pradesh and as such he is a non Himachali, a non-agriculturist and has got no legal authority to purchase agricultural land in Himachal Pradesh without the prior permission of the State Government. An agreement was entered into between the parties was the sale of the land where the consideration was settled at ' 3,50,000/- by an agreement dated 12.3.1987 and a sum of ' 35,000/- was paid to him. THE remaining sale consideration of ' 3,15,000/- was agreed to be paid by the defendant on or before 30.9.1987 at the time of execution of the sale etc.

(3.) APPEAL preferred before the learned District Judge was also dismissed. The plaintiff is now in appeal. This appeal was admitted on 21.9.2000 on questions No. 1 to 3 formulated in the appeal: