Himachal Pradesh Court January 2007 Judgments

Thailu Ram Vs. Kataki and ors.

Court: Himachal Pradesh

Reported in: 2007(1)ShimLC196

V.K. Ahuja, J.1. This is a second appeal filed by the appellant against the judgment and decree of learned Additional District Judge, Kullu, dated 2.1.1995, vide which the appeal filed by the appellant against the judgment and decree of the Court of learned Senior Sub Judge, Kullu, dated 7.4.1992, was dismissed.2. Briefly stated the facts of the case are that the appellant-plaintiff filed a suit for possession by specific performance of contract against defendants No. 1 to 4. It was the case of the plaintiff that defendant No. 1 was the owner in possession of 1/4th share measuring 8 bighas, 12 biswas and 5 biswancies as detailed in the plaint. On 19.8.1987, defendant No. 1 had agreed to sell the suit land in favour of the plaintiff for Rs. 15,000/-. A sum of Rs. 12,000/- was paid as advance to defendant No. 3 and balance amount of Rs. 3,000/- was payable at the time of execution of the sale deed. It was to be executed within three years. The plaintiff had been ready and willing to perf...