KRISHNA SHARMA Vs. SH RAJINDER KUMAR & ORS

JUDGEMENT

(1.) Instant Regular Second Appeal filed under Section 100 of the Code of Civil Procedure is directed against the judgment dated 16.06.2007, passed by learned District Judge, Solan, H.P, in Civil Appeal No. 27-NL/13 of 2006, titled as Shri Rajinder Kumar & Anr. vs. Smt. Krishna Sharma, reversing the judgment and decree dated 24.01.2006, passed by learned Civil Judge (Senior Division), Nalagarh in Civil Suit No. 44/1 of 2003, titled as Smt. Krishna Sharma vs. Shri Rajinder Kumar & Anr., whereby suit of plaintiff for recovery Rs. 1,80,000/- was dismissed.

(2.) Briefly stated facts, as emerge from the record, are that present appellant-plaintiff filed suit for recovery of an amount of Rs.1,80,000/- (i.e. Principal amount of Rs. 1,50,000/- plus interest @ 12% per annum calculated w.e.f. 4.6.2001 to 3.2.2003 and future interest from 4.2.2003 @ 12% per annum till the realization of decreetal amount alongwtih costs, expenses and charges etc., under Order VII, Rule 1 of the Civil Procedure Code.

(3.) Appellant-Plaintiff further averred in the plaint that he was owner in possession of land measuring 8 bighas, 19 biswas bearing Khasra Nos. 21, 207/22, 88, 89 and 216/106 situated in the area of village Shahpur, Pargana Dharampur, Tehsil Nalagarh, H.P. Appellant-plaintiff further averred that respondent-defendant No. 2 approached her for sale of aforesaid land and he agreed to purchase the aforesaid land for a total sale consideration of Rs.3,00,000/-, but defendant No. 2 at the time of purchasing the said land expressed his inability to make complete payment of whole sale consideration of Rs.3,00,000/-, in cash. Accordingly, defendant No. 2 paid a sum of Rs. 1,50,000/- at the time of execution and registration of sale deed in his favour, in cash. However, defendant No. 1 in order to discharge the legal liability of payment of remaining amount of Rs.1,50,000/-, issued two post dated cheques i.e. (i) Cheque No. 478773, dated 30.5.2001 of Rs. 50,000/- and (ii) Cheque No. 478772, dated 4.6.2001 of Rs.1,00,000/- in favour of appellant-plaintiff, payable from his account No. 2566 at UCO Bank, Joghon, Tehsil Nalagarh, District Solan, H.P. Appellant-plaintiff further averred that since there was a good relation between them at that time, appellant-plaintiff believing aforesaid assurance of the respondents-defendants made statement before the Sub Registrar, Nalagarh at the time of execution and registration of sale deed of aforesaid land to admit the receipt of full and final sale consideration of aforesaid land before the Sub Registrar, Nalagarh. Accordingly, sale deed No. 529, dated 5.5.2001 with respect to aforesaid land was executed by appellant-plaintiff in favour of respondent-defendant No. 2, which was registered before Sub Registrar, Nalagarh. Thereafter, appellant-plaintiff being holder of the aforesaid cheques, deposited the same in his bank i.e. Jogindra Central Cooperative Bank Limited, Nalagarh for encashment after receiving oral intimation from respondent-defendant No. 1 that he has arranged sufficient funds in the aforesaid account to honour the cheques.