CHANDRASHEKAR TIWARI (DEAD) THROUGH LRS Vs. MAHENDRA JAIN

JUDGEMENT

(1.) The defendant No.4 (Chandrashekhar Tiwari) in the suit has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908 (for short 'the CPC') assailing the legality and validity of the impugned judgment and decree passed by the trial Court directing the defendant No.4 Chandrashekhar Tiwari and defendant No.5 Ajay Mishra to execute the sale deed in favour of the defendants No. 6 Sunand Vishwas, No.7 Ajay Jain, No.8 Rafeek Sethi after receiving an amount of Rs. 8,77,500/- from them and handover vacant possession of the suit property. The decree, thereafter, directs the defendants No.6, 7 and 8 to obtain balance sale consideration from the defendant No.4/appellant and handover vacant possession to the plaintiffs. This part is vague, as it does not indicate as to whether the sale deed would or would not be executed in favour of the plaintiffs. A plain reading of para 39 of the impugned judgment indicates that the sale deed is to be executed in favour of the defendant No.4 after receiving the balance sale consideration from him pursuant to the agreement (Ex.P/2).

(2.) The suit for specific performance for sale of the suit property admeasuring 2275 sq.ft. situated at Banjari Mandir Road, Golbazar, Raipur bearing Municipal Corporation No.49/298, has been preferred by the plaintiffs namely; Mahendra Jain, Sanat Jain, Ashok Jain and Anil Jain.

(3.) The first sale agreement was between defendants No.1 Sushila Tiwari, No.2 Suresh Tiwari and No.3 Rakesh Tiwari with the defendants No.4 Chandrashekhar Tiwari and No.5 Ajay Mishra on 24.07.2002 (Ex.P/23). Thereafter, defendants No.4 & 5 executed second sale agreement with defendant No.6 Sunand Vishwas, No.7 Ajay Jain, No.8 Rafeek Sethi on 06.08.2002 (Ex.P/1). The third sale agreement was executed between defendant No. 6 Sunand Vishwas, No.7 Ajay Jain, No.8 Rafeek Sethi in favour of the present plaintiffs Mahendra Jain, Sanat Jain, Ashok Jain and Anil Jain on 12.09.2002 (Ex.P/2). The fourth agreement was executed by the tenants namely; Prabhuram Sahu (defendant No.12) and Pannalal Sahu (defendant No.13) as seller in favour of the defendant No.4 Chandrashekhar Tiwari and Plaintiff No.3 Ashok Jain on 16.09.2002 (Ex.P/3). In this document the defendants No.1 Sushila Tiwari, No.2 Suresh Tiwari and No.3 Rakesh Tiwari have signed as consenter.