KAMALA Vs. SUKH LAL

JUDGEMENT

(1.) THE defendant Smt. Kamla, is in appeal against judgment, decree dated 1-3-2000, passed by the District judge, Shimla in Civil Appeal No. 14-S/13 of 1998, decreeing the suit of the plalntiff and directing the defendant to get the sale deed Ex. P. W. 1/b registered. The parties are referred in the same manner as they were in the trial Court.

(2.) THE brief facts of the case are that sukh Lal plalntiff, filed a suit, which he termed as suit for specific performance of sale deed dated 10-4-1991, against defendant Surat Ram, who has since died, pleading, inter-alia, that on 14-10-1988, defendant entered into an agreement with plalntiff for sale of 5 Biswas area out of land measuring 1-14 Bighas, comprised in khasra No. 221, situated in Mauza Rajhana, pargana Jajhot, Tehsil and District Shimla for a sale consideration of Rs. 35,000/ -. There stood a house on the land agreed to be sold by the defendant to the plalntiff. The plalntiff paid a sum of Rs. 6000/- to defendant at the time of execution of the agreement.

(3.) ON 10-4-1991, the defendant executed sale deed in respect of land agreed to be sold to plalntiff after receiving balance amount of Rs. 29,000/ -. The defendant after receiving the money and executing the document gave a slip to the plalntiff and did not make himself available in the office of Sub Registrar for registration of the document.