M.A. ZAFAR, J. --- Judgment and decree dated 28.9.2006 passed by the learned Civil Judge, Attock decreeing the suit filed by the respondent which was also affirmed in appeal by the learned Additional District Judge, Attock, vide judgment and decree dated 11.3.2008 have been assailed in the present petition.
2. Briefly the facts of the case are that the respondent/plaintiff filed a suit alleging that he is owner of Wagon No. SW-7656. That plaintiff entered into an agreement to sell with the plaintiff/defendant for a consideration of Rs. 1,34,600/- out of which an amount of Rs. 4,4000/- was paid to him and Rs.
90,600/- was outstanding. That an agreement was executed on 4.1.1997 by which the defendant promised to pay the remaining amount on 1.1.1998 failing which the plaintiff will have the right to take into possession the vehicle. It is also alleged that time and again notices were given to the defendant to pay the outstanding amount of Rs. 90,600/- and also the income accrued from the wagon but he did not pay the same, hence the present suit.
3. The petitioner/defendant contested the suit and filed written statement. The learned Trial Court on the divergent pleadings of the parties framed following issues:---
(1) Whether the plaintiff is entitled to recovery of Rs. 90,600/- from the defendant as outstanding sale price of the wagon or in alternative entitled to the possession of wagon?