KAPILABEN Vs. ASHOK KUMAR JAYANTILAL SHETH

JUDGEMENT

(1.) These appeals arises out of judgement of the High Court of Gujarat at Ahmedabad dated 31.7.2014, allowing the appeals of the respective Respondent Nos. 1 in the four Civil Appeal Nos. 10683-86 of 2014 before us (hereinafter 'Respondent Nos. 1'), against judgement and order of the Additional District Judge, Vadodara dated 2.4.2013 and order dated 30.12.2011 of the Additional Senior Civil Judge, Vadodara; and decreeing the suits SCS Nos. 657-660/1988 filed by Respondent Nos. 1 for specific performance against the Appellants herein.

(2.) This case concerns four suits for specific performance filed by the Respondent Nos. 1/Plaintiffs against the Appellants/Defendants Nos. 1-5. One Naranbhai Ramdas Patel (Defendant No. 1, now deceased) was the original owner of property bearing Survey No. 354/1, admeasuring 1 acre and 31 gunthas in Village Manjalpur of Vadodara district (hereinafter 'suit property'). He, along with Defendants Nos. 2-5 (relatives of Defendant No. 1) executed agreement to sell dated 11.3.1986 ('1986 agreement') in respect of the suit property in favour of Respondent Nos. 3-11/Defendants Nos. 6-9 (hereinafter 'original vendees'), for which the original vendees paid earnest money of Rs. 1,54,251. The suit property was included in Town Planning Scheme No. 19 of the Vadodara Municipal Corporation and possession of the suit property was to be given to the original vendees once the aforesaid Scheme was finalized. A registered sale deed in respect of the suit property was to be executed upon receipt of the remaining consideration from the original vendees, the deadline for which was within three months of finalization of the Town Planning Scheme.

(3.) The original vendees filed withdrawal pursis on 26.7.2002 seeking to unconditionally withdraw SCS No. 194/1988 on the ground that the 1986 agreement was fraudulently registered; that they were not aware of the identity of the true owners of the suit property at the time of the 1986 agreement as it was executed through a broker, that the original owners of the suit property had not signed the agreement, nor had they received any consideration; and the 1986 agreement was fraudulently registered, hence no dispute could be raised regarding the suit property. On the same day, Respondent Nos. 1 sought impleadment as co-plaintiffs in SCS No. 194/1988.