Shiam Krishna Dar, Member. - This is an appeal against a judgment & decree of the H.C. dated Poh 22, 2005, by which it reversed a judgment & decree, dated Bhadun is, 2003, of the Subordinate Judge of Kathua, in a suit for damages for breach of contract.

[2] On Chet 24, 1971, the resp. & his brother Manoon executed a mtge. of half of the village Chingran in Tehsil Kathua, in favour of the applt. for Bs. 15B55. After the death of Manoon the reap, succeeded to Manoons interest in the estate & on Baisakh 18, 1990, he executed an agreement in writing & registered in favour of the applt. undertaking to sell half of the village Chingran after excluding certain area therein specified for a Bum of Rs. 32,500. By the agreement, the conveyance of the sale was to be executed within one week of the agreement & the sale consideration was to beset ,ptl in satisfaction of the said mtge.& of certain debts which were due to the applt. from the reap. & a sum of Rs. 1000 in cash & a promissory note for Rs. 3000 was to be given to the nesp. by the applt. at the time of the registration of the conveyance.

[3] The promised sale-deed was never executed either within the time fixed in the agreement or after

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