(1.) (ORAL) The plaintiffs have filed the subject suit for recovery of Rs. 7.5 lacs alongwith pendente lite and future interest. The recovery of money is claimed being the balance sale price payable to the plaintiffs as sellers of immovable property being the land as stated in para 1 of the amended plaint.
(2.) BEFORE proceeding ahead, I must note that defendants are exparte. Plaintiffs have filed their affidavits by way of evidence and there is no cross- examination of the witnesses of the plaintiff.
(3.) OUT of the total sale consideration of Rs. 32 lacs, the defendant No.1 paid only Rs. 24.5 lacs although the defendant No.1 has taken benefit of ownership of the subject land and is also in possession of the subject land either directly or through his transferors or nominees. The defendant No.1 acknowledged the balance due to the plaintiff and therefore entered into an agreement on 15.1.1992 agreeing to pay the amount of Rs. 7.5 lacs. In pursuance to this agreement, three cheques totaling to Rs. 7.5 lacs were issued in favour of the plaintiff as under:-