TARA DUTT Vs. HEM RAJ & ORS

JUDGEMENT

(1.) This appeal has been filed by the appellant/ defendant against the judgment passed by the Court of learned Additional Sessions Judge, Solan, in Civil Appeal No. 1-S/13 of 2005 dated 23.02.2006, vide which, learned Appellate Court has allowed the appeal filed by the plaintiff against the judgment passed by the Court of learned Civil Judge (Junior Division) Kandaghat, Camp at Solan, in Civil Suit No. 11-S/1 of 2001/98 dated 28.02.2005.

(2.) This appeal was admitted on 24.07.2008 on the following substantial questions of law:-

(3.) Brief facts necessary for adjudication of the present appeal are that respondent/plaintiff filed a suit to the effect that the defendant was recorded co-owner of the suit land comprised in Khata Khatauni No. 2/5, Kitas 7, measuring 26-14 Bighas to the extent of 5 Bighas i.e. 100/534 shares in the joint land as per jamabandi for the year 1991-1992, situated at Mauja Johar-Patiala, Pargana Bharoli-Kalan, Tehsil and District Solan, H.P. and defendant had entered into an agreement to sell his share in favour of the predecessor-in-interest of the plaintiff for a consideration of Rs.30,000/-, out of which, defendant had received an amount of Rs.4,000/- at the time of agreement of sale dated 21.03.1995. According to the plaintiff, defendant did not execute the sale deed in favour of the predecessor-in-interest of the plaintiff, who in the meanwhile died. Plaintiff reminded the defendant to receive the balance amount and execute sale deed but all in vain. According to the plaintiff, defendant threatened to alienate/transfer the landed property by making mortgage and sale of the same to persons other than the plaintiff and accordingly, on these basis, the plaintiff filed suit for direction to the defendant to execute sale deed in his favour of the suit land to the extent of the share of the defendant. Plaintiff also prayed for decree of permanent prohibitory injunction restraining the defendant from alienating/transferring the suit land to any other persons except the plaintiff.