RANI SARLA DEVI Vs. NASIB SINGH

JUDGEMENT

(1.) This is defendant's second appeal and is directed against the judgment and decree dated 9th May, 1968 of the District Judge, Kangra. The plaintiff Nasib Singh came to Court with the allegations, that he was tenant in possession of 16 Kanals, 16 Marias of land described in the plaint under the landlords Subhash Chander and Jaipal. The said landlords sold the disputed land to Rani Sarla, defendant, at a consideration of Rs. 3500/-. The purchaser approached the plaintiff to give up possession. An agreement was reached on 31-12-60 to the effect that Rani Sarla would sell 4 Kanals out of the land to the plaintiff at a consideration of Rs. 200/- and the plaintiff would retain possession over this part of the land and would give up possession for the remaining part. The agreement was executed on 31-12-1960 and the plaintiff having paid Rupees 200/- to Rani Sarla, surrendered possession for the remaining part of the land and retained possession over 4 Kanals. The mutation entries were also made in the revenue papers. The sale deed was to be written within a fixed period of time. The defendant -- Rani Sarla -- later on, did not execute the sale-deed and hence the plaintiff sought for a specific performance of the contract of sale.

(2.) The defendant -- Rani Sarla --contested the suit on the allegations, that the plaintiff received Rs. 200/- from her and surrendered possession of the entire land which was in his cultivation. She never executed any agreement on 31-12-60 in favour of the plaintiff and that the suit was not maintainable.

(3.) The trial Court found in favour of the plaintiff and decreed the suit. Similar has been the finding of the first appellate Court. The defendant Rani Sarla has now come up in second appeal.