PUSHPA DEVI AND ORS. Vs. GIRDHARI LAL SHARMA

JUDGEMENT

(1.) DEFENDANTS are in second appeal before this Court. They are aggrieved by the judgment and decree dated 29.9.2009, passed by learned Additional District Judge (I), Kangra at Dharamshala in Civil Appeal No. 21 -G/05, whereby the appeal preferred by respondent -plaintiff has been allowed and the suit decreed whereas the cross -appeal they filed dismissed.

(2.) IT is seen that learned Civil Judge (Senior Division), Dehra, District Kangra has dismissed Civil Suit No. 139/96, qua relief of specific performance of the agreements dated 22.6.1983 and 9.5.1986 Ex. PW -6/A and Ex. PW -4/A, respectively, however, decreed the same for the alternative relief i.e. recovery of Rs. 12,000/ - against the appellants -defendants.

(3.) THE defendants have contested the suit. In the preliminary they have raised objections regarding the maintainability of the suit in the present form, estoppel and that the same is barred under Order 2 Rule 2 of the Code of Civil Procedure. On merits, while admitting that the owner of the suit land was their predecessor -in -interest Shri. Hukam Chand, it is submitted that on his death they inherited the same. It is denied that said Shri. Hukam Chand had executed agreements dated 22.6.1983 and 9.5.1986 agreeing thereby to sell the suit land to the plaintiff in a sum of Rs. 12,000/ - and deliver the possession thereof also to them. It is also denied that the suit land was mortgaged with Soil Conservation Department, however, it is admitted that their predecessor -in -interest Shri. Hukam Chand had raised loan to the tune of Rs. 1,881.16/ - from the said department to carry out improvements in the suit land. The land was neither attached nor ever mortgaged. The loan so raised was paid by them.