RANBIR KOCHHAR Vs. MANI RAMQ

JUDGEMENT

(1.) SHRI Ranvir Kochhar defendant in the trial Court is in second appeal before this Court, as he is aggrieved by the judgment and decree passed by learned District Judge, Chamba, on 31.5.2002, in Civil Appeal No. 31/1997/1987, whereby the appeal he preferred in the lower appellate Court was dismissed and the judgment and decree in Civil Suit No. 16/1986, dated 21.10.1987, passed by learned Senior Sub Judge, Chamba, affirmed.

(2.) THE appeal has been admitted on the following substantial questions of law:

(3.) ADMITTEDLY , neither the balance sale consideration was paid nor the sale deed could be executed on or before 25.7.1983. Consequently, plaintiff Mani Ram, has instituted the present suit on 6.6.1986 in the Court of the then Senior Sub Judge, Chamba, for possession of the suit house, namely Sant Niwas against the plaintiff. While the plaintiff has claimed that the defendant failed to pay the balance sale consideration and also to get the sale deed executed, the defendant has come forward with the version that it is the plaintiff who failed to get seven rooms of the suit house in the possession of Assistant Public Prosecutor, Dalhousie on rent, vacated, obtaining income tax clearance certificate and no due certificate from State Bank of India with whom the suit house was mortgaged by late Shri Sant Ram in a loan transaction. Therefore, he being always ready and willing to perform his part of the contract on payment of balance sale consideration, the sale could not be executed. By pressing in service the default clause in the agreement Ext. P.1, he has preferred counter -claim against the plaintiff for the recovery of Rs. 80,000/ -.