DHARAM CHAND CHAUDHARY, J. -

1. AGGRIEVED by the judgment and decree dated 4.9.2001 passed by learned District Judge, Kullu in civil appeal No.68 of 2001 whereby the appeal has been dismissed and the judgment and decree dated 19.5.2001 passed by learned Senior Sub Judge, Kullu in civil suit No.58 of 1996 is affirmed, the appellant has filed the present appeal.

2. PROFORMA respondent (hereinafter referred to as 'defendant No.1') allegedly executed an agreement Ex.PW-1/A to sell out the suit land entered in khata/ khatauni No.249/629, Khasra No.3627 to the extent of 2/5th share, i.e. 17 biswas of total land measuring 2-3 bighas, Khata/Khatauni No.252/634, Khasra No.3628 to the extent of 1/5th share i.e. five Biswas of total land measuring 1-6 bighas and land comprising Khata/Khatauni No.254/637, Khasra No.3623, 3629 to the extent of 1/5th share, i.e. 1-4 bighas of total land measuring 6-2 bighas, total 2-6-0 bighas situated in Phati Gramang, Kothi Choparsa, Tehsil and District Kullu to respondent No.1 (hereinafter referred to as 'the plaintiff') for a sum of Rs.8,500/- on 8.6.1992. A sum of Rs.5,000/- was paid on the date of execution of the agreement itself towards part paymen