CHAMAN LAL Vs. KRISHAN CHAND KATOCH

JUDGEMENT

(1.) This appeal has been directed against the judgment, decree dated 23.6. 1997 passed by Additional District Judge, Kullu in Civil Appeal No. 14 of 1995 affirming the judgment, decree dated 4.11.1996 passed by Senior Sub Judge, Lahaul and Spiti at Kullu exercising the powers of Sub Judge 1st Class, Kullu in Civil Suit No. 113 of 1991.

(2.) The facts, in brief, are that appellant had filed a suit for specific performance of contract on the basis of agreement dated 20.4.1990 regarding land comprised in Khata/Khatauni No. 328min/533min, Khasra Nos. 1404 and 1405 measuring 0-4-0 bigha, Phati Shamshi, Kothi Khokhan, Tehsil and District Kullu, H.P. It was pleaded that respondent on behalf of other co-owners and himself entered into an agreement with appellant on 20.4.1990 to sell the suit land for total sale consideration of Rs. 1500/-, out of which Rs. 1000/- were paid to respondent on 20.4.1990 and balance Rs. 500/- was to be paid to respondent at the time of registration of sale deed. It was alleged that the possession was handed over to appellant at the time of execution of the agreement dated 20.4.1990. The readiness and willingness on the part of the appellant to perform his part of the contract was pleaded and when, according to appellant, the respondent failed to perform his part of the contract, the suit was filed.

(3.) The respondent contested the suit and took objections of non-joinder, maintainability. It was pleaded that respondent and other co- owners were in possession of the suit land in the year 1970. The respondent himself and on behalf of other co-owners had executed an agreement to sell the suit land with the appellant on 20.4.1970 for total sale consideration of Rs. 1500/-. The respondent was ready and willing to perform his part of the contract. The appellant failed to perform his part of the contract and, therefore, Rs. 1000/- were returned to appellant and the agreement was destroyed. The appellant kept the receipt dated 20.4.1970 and refused to return the same to the respondent. The appellant tampered with the date so as to read the same 20.4.1990 instead of 20.4.1970. It was denied that possession of the suit land was handed over to appellant. The agreement dated 20.4.1990 was denied. The respondent and other co-owners prior to 20.4.1990 had disposed of the suit land in favour of Rawdu, Tasi and Tulsi etc. and handed over the possession to them, who had constructed their houses on the suit land. The market value of the suit land in the year 1990 was not Rs. 1500/-, it was not less than Rs. 2,00,000/-.