KARTAR CHAND Vs. KHEM RAJ AND ORS.

JUDGEMENT

(1.) THIS judgment shall dispose of the present appeal and also RSA No. 340/2007 and 59/2009, involving common questions of law and facts for adjudication and pertaining to the same subject matter of dispute, i.e. the land belonging to respondents in this appeal, defendants in the trial Court.

(2.) THE subject matter of dispute in all the three appeals, are two Dharas (wooden structures) in existence over the land measuring 0 -01 -15 hectares, entered in Khata No. 27/5, bearing Khasra No. 2597/402, situate at village Sangla, Tehsil Sangla, District Kinnaur, Himachal Pradesh. Appellant in this appeal filed Civil Suit No. 10 -1 of 1997 against the respondents for specific performance of agreement dated 3.12.1995. The respondents in the present appeal are admittedly the owners of the suit land. A portion thereof was allegedly rented out by sole defendant Khem Raj (since dead) to appellant -plaintiff. He raised construction of two Dharas over that portion of the suit land rented out by said Shri Khem Raj to him. Later on, said Shri Khem Raj proposed to construct a pucca building over the suit land on demolition of one of the Dharas constructed by the appellant -plaintiff. As per mutual understanding, in the another Dhara the appellant -plaintiff had to run his business and as and when the construction of the RCC building is complete, to rent out two shops at monthly rent of Rs. 7000/ - per shop to the appellant -plaintiff in the said building. It was agreed upon that on the failure of said Shri Khem Raj, the deceased defendant, to rent out two shops, the appellant -plaintiff entitled to claim damages at the rate of Rs. 5000/ - per month from him from the date of refusal to induct him as tenant in two shops. An agreement Ext. PW1/A to this effect came to be executed between the parties on 3.12.1995. The deceased defendant allegedly refused to induct the appellant -plaintiff as tenant in two shops in the newly constructed building on the completion of construction work, hence suit for the decree of specific performance of the agreement and in the alternative for recovery of damages at the rate of Rs. 5000/ - per month w.e.f. January, 1997 onwards, firstly for a period of five years and thereafter till possession of two shops in the newly constructed building is handed over to the appellant -plaintiff.

(3.) LEARNED trial Court framed the following issues in the suit: