KRISHAN CHAND Vs. KRISHAN LAL

JUDGEMENT

(1.) Suit for possession filed by the plaintiff/appellant, was decreed by the learned trial Court. The defendants/respondents appeal laying challenge to the judgment and decree, was allowed and it is the plaintiff/appellant who is in second appeal before this Court. Parties, here -in -after in this judgment, shail.6e referred to as plaintiff and defendants.

(2.) Suit for possession was filed by the plaintiff in respect of 99 Kanals 2 Marlas of land, here -in -after referred to as land in dispute, on the allegations that the defendants vide agreement dated 11.8.1969 agreed to purchase and the plaintiff agreed to sell the suit land. A similar agreement had already been executed between the parties in the year 1964. At that time, the area was apart of the State of Punjab and the agreement of 1969 was executed after merger of the area into the State of Himachal Pradesh. It is alleged that there was some scheme floated by the Welfare Department of the State of Punjab and the agreement had been entered into with the intervention of the said Department.

(3.) The defendants under the scheme were to arrange finance partly from the Welfare Department and partly through the Land Mortgage Bank. The said scheme was aimed to benefit Scheduled Castes and Backward Classes. The entire sale consideration was fixed at Rs. 9,000/ - Rs. 4, 000/ - is said to have been paid and the balance of Rs 5,000/ - was to be arranged. The amount of Rs. 4,000/ - advanced was to carry interest at the rate of 6 -1/2% till the sale is finally executed on final payment.