(1.) This Regular Second Appeal is directed against the judgment and decree, dated 13.01.2012, passed by the learned Additional District Judge, Mandi, District Mandi, H.P. in Civil Appeal No. 135 of 1999.
(2.) Material facts necessary for adjudication of this Regular Second Appeal, are that the appellant-plaintiff (hereinafter referred to as 'the plaintiff' for the sake of convenience) has filed a suit against Shri Tara Chand and Shri Ganga Ram. Shri Tara Chand died on 03.07.1996. His legal representatives were brought on record vide order dated, 05.11.1997. According to the plaintiff, Shri Tara Chand was owner in possession of land comprised in Khewat Khatauni No. 15/27, Khasra No. 1098/466, measuring 4-1-18 bighas, situated in Village Tatapani, Tehsil Karsog, District Mandi, H.P. On 24.12.1988, defendant Tara Chand (now deceased), received a sum of Rs. 9000.00. According to the plaintiff, he agreed to execute a registered sale deed after 14.07.1996 and delivered the possession of the land on 24.12.1988. He is in continuous possession of the same. According to him, Tara Chand cleverly made sale of the suit land vide registered document for a sum of Rs. 61,000.00 in favour of defendant No. 2, Ganga Ram. Plaintiff has filed a suit for prohibitory injunction against the defendants to retain his possession over the suit land unless he is ejected under due process of law. The cause of action has accrued to him on 03.05.1996. Smt. Sumanu Devi was brought on record as legal representative of defendant Tara Chand.
(3.) According to the written statement filed by defendant No. 1, her husband has sold the suit land to the plaintiff on 24.12.1988 for a sum of Rs.9000.00. Tara Chand has received the amount from the plaintiff and the agreement was entered into between the plaintiff and late husband of the defendant, Smt. Sumanu Devi. The possession of the suit land was also delivered to the plaintiff by the husband of the defendant on 24.12.1988. He was continuing in actual and physical possession of the same. Since there was a legal hurdle in execution and registration of the sale deed qua the suit land before 14.07.1996, therefore, the husband of the defendant has agreed to get the same executed and registered after the aforesaid date.
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