ANIL MOHIL Vs. VIVEK THAKUR AND ORS.

JUDGEMENT

(1.) THE plaintiff is the appellant and has come up in appeal against concurrent findings recorded against him by the learned Courts below.

(2.) THE facts, in brief, are that the plaintiff/appellant filed a suit for specific performance of contract/agreement dated 1.7.1993 directing the respondents/defendants to execute and register sale deed in favour of the plaintiff with respect to the land comprised in old Khata/Khatauni No. 17/82, new Khata No. 22/27, Khasra No. 137, 138 and 139 measuring 29.16 bighas situated at village Khajurna, Mauja Tehsil Nahan, District Sirmaur, H.P. with a decree for permanent injunction restraining the defendants from interfering in the suit land and also from alienating, encumbering or changing the suit land in any manner.

(3.) THE respondents/defendants contested the suit of the plaintiff by filing written statement in which the case of the defendants No. 1 and 2 was based upon the facts that late Sh. Vijender Singh never entered into any agreement of sale with plaintiff on 1.7.1993 at Nahan with respect of the suit land. The suit land has always been in the exclusive possession of the defendants and their mother Smt. Usha Thakur as owners. No payment of Rs. 10,000/ - was paid by the plaintiff to the vendor. Vijender never delivered possession of the suit land or any part thereof to the plaintiff. The plaintiff was a party in Civil Suit No. 38/1 of 1991/1990 as well as in Civil Appeal No. 08 -CA/13 of 1998 decided on 31.12.1997 and 7.5.1999 respectively. In the said litigation, the Will dated 18.1.1989 alleged to have been executed by late Sh. Veer Bhaskar Singh was not a valid one. At that time, the plaintiff had knowledge that Vijender Singh could not perform his part on the contract. In other words, there was complete refusal of the performance of the alleged contract. The plaintiff had never issued any notice of demand to late Sh. Vijender Singh. After the death of Vijender Singh, the present suit had been filed on the basis of collusive, fraudulent and sham document. The present suit has been filed by the plaintiff just to grab the suit land. There is no cause of action in favour of the plaintiff.