LALITA AWASTHI Vs. HARBANS LAL

JUDGEMENT

(1.) THIS is an appeal against the judgement, decree dated 11.5.2000 passed by District Judge, Kangra at Dharamshala in Civil Appeal No. 49 -P/XIII -1998 affirming the judgement, decree dated 26.5.1998 passed by Sub Judge Ist Class (I), Palampur in Civil Suit No. 249 of 1989.

(2.) THE facts in brief are that Mohinder Kumar Awasthi predecessor -in -interest of appellants had filed suit against Bishan Dass, Harbans Lal son of Bishan Dass, Harbans Lal son of Anirudh Awasthi, Sushil Kumar, Dinesh Kumar, Vinod Kumar and Akshay Kumar that the sale deed dated 14.9.1989 executed by Bishan Dass in favourof Harbans Lal son of Anirudh Awasthi, Sushil, Kumar, Dinesh Kumar, Vinod Kumar and Akshay Kumar regarding land comprised in khasra No. 2 min, khatauni No. 2 min, khasra Nos. 117, 130, 132, 150, 152, 156, 162 total measuring 0 -20 -14 hectares, situated in Mohal Gandhi -gram, Tehsil Baijnath is illegal, void and not binding on Mohinder Kumar Awasthi with permanent injunction restraining them from causing any interference on the suit land in any way and for specific performance of contract on the basis of agreements dated 10.3.1987 and 26.5.1989. The pleaded case in the plaint is that Bishan Dass and his real brother Rattan Lal were recorded owners of the suit land. Harbans Lal son of Bishan Dass was holding general power of attorney of Bishan Dass and Rattan Lal. Harbans Lal son of Bishan Dass as general power of attorney holder of Bishan Dass and Rattan Lal had entered into an agreement on 10.3.1987 for sale of the suit land with Mohinder Kumar Awasthi. The possession of the suit land was given to Mohinder Kumar Awasthi by Harbans Lal son of Bishan Dass on 10.3.1987.

(3.) THE aforesaid period of one month had not expired, but in the meantime, Rattan Lal died. Bishan Dass and Harbans Lal son of Bishan Dass had promised to execute the sale deed as soon as mutation of succession of Rattan Lal was attested. It has also been alleged in the plaint that Harbans Lal son of Bishan Dass made mischief with Mohinder Kumar Awasthi and concealed the facts from him that the land besides the suit land was in possession of the tenants, who had become owners.