SIPPI DEVI Vs. LAJA DEVI

JUDGEMENT

(1.) THE defendant is in second appeal against judgment, decree dated 8.11.2011 passed by learned Additional District Judge, Mandi Camp at Karsog, in Civil Appeal No. 75 of 2010 affirming judgment, decree dated 18.1.2008 passed by learned Civil Judge (Senior Division), Karsog in Civil Suit No. 79 of 2006. The facts in brief are that the respondent had filed a suit for specific performance of contract on the basis of agreement dated 8.3.2003 Ex.PW -1/A alleging that the appellant had agreed to sell land measuring 1 bigha out of the land comprised in Khasra No. 64/33, measuring 3 -5 -16 bighas (hereinafter referred to as 'suit land') Mohal Khadoni, to respondent for a consideration of Rs. 38,000/ -. The respondent also claimed damages for improvements carried out by her over the suit land.

(2.) THE further pleaded case of the respondent is that agreement dated 8.3.2003 was executed between the parties for selling the suit land for consideration of Rs. 38,000/ -. The respondent had paid full sale consideration to the appellant. The possession was also handed over to the respondent. The appellant agreed to transfer the suit land by way of sale deed after clearing the bank loan which was taken by her from H.P. State Co -operative Bank, Churag after selling the apple crops within a period of 5 -6 months. The appellant did not execute the sale deed as agreed by her even after notice dated 5.9.2006. The respondent is ready and willing to perform her part of the contract.

(3.) ON the pleadings of the parties, the following issues were framed: - -