THAILU RAM Vs. KATAKI

JUDGEMENT

(1.) THIS is a second appeal filed by the appellant against the judgment and decree of learned Additional District Judge, Kullu, dated 2.1.1995, vide which the appeal filed by the appellant against the judgment and decree of the Court of learned Senior Sub Judge, Kullu, dated 7.4.1992, was dismissed.

(2.) BRIEFLY stated the facts of the case are that the appellant plaintiff filed a suit for possession by specific performance of contract against defendants No. 1 to 4. It was the case of the plaintiff that defendant No. 1 was the owner in possession of 1/4th share measuring 8 bighas, 12 biswas and 5 biswancies as detailed in the plaint. On 19.8.1987, defendant No. 1 had agreed to sell the suit land in favour of the plaintiff for Rs. 15,000/ . A sum of Rs. 12,000/ was paid as advance to defendant No. 3 and balance amount of Rs. 3,000/ was payable at the time of execution of the sale deed. It was to be executed within three years. The plaintiff had been ready and willing to perform his part of the contract and he requested defendant No. 1 to, execute the sale deed in his favour but defendant No. 1 on 16.5.1988 executed a gift deed in favour of defendants No. 2 to 4. Hence, the suit filed by the plaintiff.

(3.) ON an appeal, the learned First Appellant Court vide its detailed judgment dismissed the appeal filed by the appellant plaintiff and upheld the findings of the learned trial Court that evidence adduced by the plaintiff can be given no credence and hence, the appeal was dismissed.