HARI KRISHAN KAROL Vs. SURINDER KUMAR

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned Addl. District Judge (I), Kangra at Dharamshala, H.P., dated 3.7.2003 passed in Civil Appeal No. 65 -K/2001.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the respondent -plaintiff (hereinafter referred to as the plaintiff, for the convenience sake), filed a suit for specific performance against the appellant -defendant (hereinafter referred to as the defendant). According to the plaintiff, the defendant entered into agreement to sell the whole land comprised in khata No. 104, khatauni No. 165, 166, khasra Nos. 371, 372, 373, 373/1, 373/2, 374, kita -6, area measuring 202 sq. meters, as entered in the jamabandi for the year 1990 -91, situated in Mohal Bohan, Mauza Bohan, Tehsil Dehra, District Kangra, H.P. for consideration of Rs. 30,000/ -. The defendant had received a sum of Rs. 15,000/ - as earnest money. The defendant has agreed to execute the sale deed on or before 10.7.1993. The defendant had undertaken to get the consent of his brother also to sell his share. It was also agreed that in case his brother refused to execute the sale deed in respect of his share, then the defendant would sell his share in the suit land to the plaintiff for Rs. 15,000/ - which had already been received by him. The plaintiff was always willing to perform his part of agreement and asked the defendant to transfer his share in the land by a sale deed, but he put off on one pretext or the other. The plaintiff has served two legal notices dated 12.7.1993 and 29.3.1994, asking him to execute the sale deed, however, the defendant has not even cared to reply those notices.

(3.) THIS regular second appeal was admitted by this Court on 13.7.2004 on the following substantial questions of law: