ABDULLA BHATIA Vs. NASEEM AKHTAR

JUDGEMENT

(1.) The instant regular second appeal has been maintained by the appellant, who was defendant No. 1 before the learned Court below (hereinafter to be called as "defendant No. 1"), laying challenge to the judgment and decree, dtd. 29/3/2014, passed by learned Additional District Judge, Chamba, District Chamba, H.P., in Civil Appeal No. 16/13, whereby findings recorded in judgment and decree, dtd. 25/4/2013, passed by learned Civil Judge (Junior Division), Chamba, District Chamba, H.P., in Civil Suit No. 72/2006 were reversed and defendant No. 1 was directed to get the sale deed executed qua the suit property in favour of respondent No. 1, who was the plaintiff before the learned Court below (hereinafter to be called as "the plaintiff").

(2.) Briefly the facts, which are necessary for determination and adjudication of the present appeal, are that the land comprised in Khata/Khatauni No. 217/259, Khasra No. 165, 167, 940, 1113/942/1, 1117/959, 1390/1115, 958, 1119/960, 1121/961, 1123/962, 1233/963, 1125/964, 965, 966, 1470/1394, 1463/1401, kita 16, measuring 19­18­00, situated at Mohal Baror, Pargna Gudial, Tehsil and District Chamba, H.P. (hereinafter to be called as the "suit property") is recorded in the name of defendant No. 1 and proforma defendants No. 2 to 14. Defendant No. 1 is having share of land comprised in Khasra No. 796/3980, measuring 3­19­18 bighas in the entire land.

(3.) Claim of the plaintiff was resisted and contested by defendant No. 1 and preliminary objections qua maintainability, cause of action and suppression of material facts were taken. On merits, it has been pleaded that agreement does not reveal total area alongwith the built up portion which is being claimed to have been sold to the plaintiff and no suit can be filed on the basis of agreement in question. It has been further pleaded by defendant No. 1 that he never undertook to get the sale deed registered and sanction mutation in favour of the plaintiff. Lastly, a prayer for dismissal of the suit was made.