AMIN CHAND Vs. MUSHU

JUDGEMENT

(1.) This second appeal is directed against the concurrent judgments and decrees of the two Courts below dismissing the suit for specific performance of contract filed by the plaintiff -appellant.

(2.) The judgment of the trial court is that of Shri J.L. Chauhan. Sub Judge, 1st Class, Rohru dated 06.07.1987 and that of the lower appellate Court is of Shri Mrigainder Singh, Additional District Judge (I), Shimla dated 29.10.1990.

(3.) The suit was filed -by the plaintiff on the pleadings that the defendant No. 1 Mushu Sadh and sant were the co -shares in respect of the suit land fully described in the plaint. In the year 1970 -72, they executed different agreements showing their intentions to sell their shares in Khata/ Khatauni No. 106/1X4 min measuring 15 -10 Bighas situate in Mauja Gawas, Tehsil Chirgaon. By way of these agreements the land was agreed to be sold by them to the plaintiff. They also received some consideration from the plaintiff. The regular sale deeds were not executed and the owners have since died and defendants No.2 to 10 arc their successors -in -interest. On 24.8.1984, defendants No. 1, 5, 6 and 10 executed a sale deed in favour of defendant No. l I Dharam Sen, who is represented by Shri G.D. Verma, Advocate.