MOOL RAJ SHARMA Vs. PREM CHAND SHARMA

JUDGEMENT

(1.) By way of this appeal, the appellant has prayed for setting aside the judgment and decree passed by the Court of learned District Judge, Hamirpur, H.P., in Civil Appeal No.55 of 2015, titled as Prem Chand Sharma Versus Mool Raj Sharma, decided on 31.10.2017, vide which learned Appellate Court while accepting the appeal filed by the present respondent, set aside the judgment and decree passed by the Court of learned Civil Judge (Junior Division), Court No.III, Hamirpur, H.P. in Civil Suit No.112 of 2009, decided on 27.2.2015, titled as Prem Chand Versus Mool Raj Sharma and decreed the suit of the plaintiff (present respondent) for Specific Performance of Agreement dated 18.2.2012, with a further issuance of a writ of permanent prohibitory injunction against the defendant not to sell or transfer the vehicle in dispute to any person along with route permit in terms of agreement dated 18.2.2002.

(2.) Brief facts necessary for adjudication of the present appeal are that respondent herein (hereinafter to be referred as the 'plaintiff') filed a suit for Specific Performance of Agreement dated 18.2.2002, with a further prayer of mandatory injunction against the present appellant (hereinafter to be referred as the 'defendant'), to transfer the Registration Certificate alongwith route permit of vehicle bearing registration No.HP554786 in favour of the plaintiff in terms of agreement dated 18.2.2002 and for injuncting the defendant from selling or transferring the vehicle to any person along with the route permit.

(3.) The case of the plaintiff was that an agreement was entered into between him and the defendant dated 18.2.2002, for purchase of vehicle bearing registration No.HP554786 alongwith route permit for a total consideration of Rs. 3,75,000/. Defendant was the owner of the vehicle. On the date of execution of the agreement, a sum of Rs. 1,25,000/was paid by the defendant to the plaintiff as earnest money and the balance sale consideration was to be paid as per the terms and conditions of the agreement. After payment of the entire sale consideration, the plaintiff and defendant executed affidavits dated 18.5.2002, with respect to receipt of full and final sale consideration. Defendant had mentioned in his affidavit that he had no objection for transfer of the Registration Certificate of the vehicle in the name of the plaintiff. According to the plaintiff, though he had performed his part of the agreement, however, defendant was delaying the matter on one pretext or the other. At the time of execution of the agreement, the possession of the plaintiff already stood handed over to the plaintiff by the defendant and it was the plaintiff, who was since then paying all the taxes etc. of the bus. As per the plaintiff, in terms of the agreement entered into between the parties and affidavits sworn by them, plaintiff was legally entitled to get the Registration Certificate and route permit of the bus transferred in his name. For the said purpose, he had served a legal notice upon the defendant on 7.5.2009, however, defendant did not bother to reply. According to the plaintiff, cause of action accrued in his favour in the second week of May, 2009 when the defendant refused to get the Registration Certificate and route permit of the vehicle transferred in the name of the plaintiff. Hence, he filed the suit.