RAGHUBIR SINGH Vs. TARO DEVI

JUDGEMENT

(1.) The plaintiff's suit for rendition of a decree for declaration AND for specific performance of contract besides for permanent prohibitory injunction, stood, under concurrent pronouncements recorded thereon, by both the learned Courts below, hence dismissed.

(2.) Briefly stated the facts of the case are that defendant No. 1 is recorded owner in possession of the suit land comprising khata-khatauni No. 72/86 and khasra No. 950/825, situated in Mohal Banikhet Jarel, Pargana Chuhan, Tehsil Dalhousie, District Chamba, H. P. On 25. 1. 1992, defendant No. 1 agreed to sell the land measuring one biswa out of the suit land from the sum of Rs. 10,000/- to plaintiff. The consideration amount was paid to defendant No. 1 and the possession of one biswa of land was deliver to the plaintiff. Thereafter, the plaintiff constructed his residential house over this one biswa of land. On 25. 8. 2000, defendant No. 1 sold whose khasra No. 950/825, measuring 2-12 bighas in favour of defendant No. 2 vide registered sale deed for consideration of Rs. 30,000/- by ignoring the agreement to sell arrived between the plaintiff and defendant No. 1.

(3.) The defendants contested the suit of the plaintiff and have filed separate written statements. Defendant No. 1 in his written statement has taken preliminary objections qua maintainability, limitation and cause of action. On merits, it has been submitted that the plaintiff alongwith defendant No. 2 approached defendant No. 1, for sale of one biswa of land for consideration of Rs. 10,000/-. The plaintiff and defendant No. 2 are the real brothers and at their instance agreement dated 25. 1. 1992 was written and the possession of the land was delivered to defendant No. 2 as the plaintiff was serving out of station at that time, who requested defendant No. 1 to deliver the possession of the land to defendant No. 2. The plaintiff never made any construction over the suit land nor he ever came to defendant No. 1 after execution of the said agreement. It has been denied that defendant No. 1 had sold 2-12 bighas land to defendant No. 2 It has been submitted that only three biswas of land was sold to defendant No. 2, which includes one biswa of land of the plaintiff.