RAJINDER KUMAR, SON OF, RAVINDER KUMAR, SON OF, SMT. PALMO DEVI, WIDOW OF AND KUMARI RADHA, DAUGHTER OF, LATE SH. RAM CHAND, ALL RESIDENT OF VILLAGE DHARANU, P.O. VASHIST, TEHSIL MANALI, DISTRICT KULLU, H.P. Vs. TARU S/O SH. HARI DASS AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against judgment, decree dated 16.11.2000 passed by learned District Judge, Kullu in Civil Appeal No. 105 of 1999 affirming judgment, decree dated 7.8.1999 passed by learned Sub Judge 1st Class, Manali, District Kullu in Civil Suit No. 106/98/95.

(2.) Some of the parties have died, their legal representatives have been brought on record. In this judgment, the parties are referred as plaintiff and defendants. The facts in brief are that Khemu predecessor -in -interest of the defendants was granted land measuring 3.6.0 bighas as per jamabandi for the year 1987 -88 situated in Phati Vashishat, Tehsil Kullu in nautor by the Government. Khemu on 5.6.1981 agreed to sell to plaintiff land measuring 0 -6 -0 bighas (for short suit land) out of the land allotted to him by the Government for Rs. 2200/ - which was paid at the time of the execution of the agreement. The suit land was nautor and was not transferable before the expiry of 15 years from the date of the sanction of nautor, Khemu had agreed to execute sale deed of the suit land on or before 6.6.1995. Khemu died before the stipulated date, he could not perform his part of the contract and his estate including suit land devolved upon the defendants, who are legally bound to execute the sale deed as per the agreement.

(3.) THE suit was contested by defendants other than defendant No. 2 by filing written statement. The preliminary objections of limitation, valuation, maintainability were taken. On merits, agreement with Khemu was denied. The suit land was nautor land and was not transferable for 20 years. Khemu was otherwise not competent to execute the alleged agreement. It was denied that Rs. 2200/ - were paid by the plaintiff to Khemu under the agreement. There was no necessity for Khemu to sell the suit land for a meager amount of Rs. 2200/ -. It was pleaded that defendants had raised orchard over the suit land having value not less than Rs. 4,00,000/ -. The notice dated 8.5.1995 was not denied. The pleas of locus -standi and cause of action were also taken.