GANDA MAL Vs. BHULLOO RAM

JUDGEMENT

(1.) SHIAM Krishna Dar, Member 1. This is an appeal against a judgment and decree of the H.C. dated Poh 22, 2005, by which is reversed a judgment and decree, dated Bhadun 15, 2003, of the Subordinate Judge of Kathua, in a suit for damages for breach of contract.

(2.) ON chet 24, 1971, the reap. and his brother Manoon executed a mtge. of half of the village Chingran in Tehsil Kathua, in favour of the applt. for Rs. 15555. After the death of Manoon the resp. succeeded to Manoon's interest in the estate and on Baisakh 13, 1990 he executed an agreement in writing and registered in favour of the applt. undertaking to sell half of the villnge Chingran after excludirg certain area therein specified for a sum of Rs. 22,500. By the agreement, the conveyance of the sale was to be executed within one week of the agreement and the sale consideration was to be set on in satisfaction of the said mtge. and of certain debts which were due to the applt. from the resp. and a sum of Rs. 1000 in cash and a promissory note for Rs. 3000 was to be given to the resp. by the applt. at the time of the registration of the conveyance.

(3.) JUST one day before the expiration of the period of twelve years; from the date of execution of the agreement, the applt. instituted a suit out of which this appeal has arisen, for recovery of a sum of Rs. 5000 as damages for the breach of contract. The applt. alleges, which is a fact, that the deft. has broken the agreement of sale mentioned above and he asserts that the market price of the property agreed to be sold far exceeded the agreed price of sale and he claims and limits his consequential damages to Rs. 5000.