MILAP CHAND SHARMA Vs. OM PARKASH SHARMA

JUDGEMENT

(1.) This appeal was admitted for hearing on the following two questions of law:

(2.) The undisputed facts are that the plaintiff-appellant is the owner of the disputed property, namely, a double storeyed shop stated to be situate at Haldwara Bazar, Sandhol, District Mandi (hereinafter described as the suit premises). Defendant-respondent had been in occupation of the same as a tenant on payment of monthly rent of Rs. 100.00. On 1st July, 1979, an agreement was entered into between the parties. By virtue of it, the plaintiff agreed to transfer and convey all his rights, title and interest in favour of the defendant for a consideration of Rs. 8500.00, out of which a sum of Rs. 500.00 was received by the plaintiff from the defendant on the date of execution of agreement, copy of which has been proved on record as mark 'X'. Balance amount of Rs. 8,000.00 was agreed to be paid by the defendant to the plaintiff on or before 15th Jan., 1980. It was also stipulated in the agreement that in case the balance amount is not paid by the due date, the earnest amount of Rs. 500.00 shall stand forfeited, whereafter the plaintiff will not be liable to transfer and convey his rights in favour of the defendant. Defendant was to remain in occupation of the property and under the terms of agreement was obliged to carry out repairs to the premises also.

(3.) Both the Courts below have concurrently found that by virtue of the agreement, the defendant, on various dates had paid a sum of Rs. 7400.00 to the plaintiff and only Rs. 1100.00 remained to be paid.