(1.) BY this order I shall dispose of the three pending applications filed by the parties, the detail of which are given as under:
(2.) THE common facts in the applications are that the plaintiff has filed the present suit seeking specific performance of an alleged oral agreement to sell entered into between plaintiff and defendants No.1 to 8 in respect of property bearing No.42/44, Sunder Nagar, New Delhi. THE said property is jointly owned by the Defendant No.1 (owner of 1/3rd undivided share), Defendant No.7 (owner of 1/3rd undivided share) and Defendants No.2 to 6 (joint owners of 1/3rd share).
(3.) IT is further submitted that documents in the form of separate receipts were prepared, witnessing the above transaction. So far as Smt. Bimla Devi, defendant No.1, is concerned, she received a sum of Rs.1,00,000/- and sum of Rs.2,00,000/- by way of pay order No.015127 of Allahabad Bank, South Extension Branch, New Delhi, dated 23.4.1989 drawn in her name i.e. a total sum of Rs.3,00,000/- through her son Sh. Umesh Kumar, defendant No.8 who represented to the plaintiff that he had full authority to receive the consideration and sign the receipt for the same and had all the power to enter into any transaction of sale or otherwise on behalf of his mother, Smt. Bimla Devi. The pay order referred above was encashed by Smt. Bimla Devi in her account in the bank.
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