NARINDER MOHAN GUPTA Vs. NAND LAL SHARMA

JUDGEMENT

(1.) THE plaintiffs, (appellants herein), filed a suit for recovery of Rs.five lacs against the defendant, (respondent herein).

(2.) THE case of the plaintiffs is that they are owners in possession of an orchard known as "Manohar Orchard" in Tehsil and District Kullu. The defendant entered into an agreement on 12.8.1993 with Narender Mohan Gupta, plaintiff No.1 and agreed to purchase the apple crop of the said orchard for a total consideration of Rs.12,50,000/- As per the terms of the agreement, Rs.four lacs were to be paid on 14.8.1993, Rs.three lacs on 25.8.1993, Rs.three lacs on 5.9.1993 and the balance amount of Rs.2,50,000/- on 15.9.1993. There is no dispute between the parties that Rs.seven lacs were paid towards the sale agreement. The plaintiffs stated that a balance amount of Rs.5,50,000/- was due to them, but they have only filed suit for a sum of Rs.five lacs. They have also claimed future interest at the rate of 18% per annum.

(3.) THE learned Court below dismissed the suit of the plaintiffs. The Court below held that the plaintiff No.1 had no authority to execute the agreement on the part of plaintiffs No.2 and 3. The learned trial Court has also been swayed by the fact that in the agreement dated 12.8.1993 there was a condition that in case the defendant failed to pay the amount of installments by the dates stipulated in the agreement, the plaintiffs would have a right to cancel the agreement and to restrain the defendant from removing the crop.