CHARANJEET SINGH REKHI Vs. HARISH AHUJA

JUDGEMENT

(1.) THESE appeals have been filed by the appellants impugning a common order dated 05.03.2013, passed by a learned Single Judge of this Court in CS(OS) No.1511/1991 and CS(OS) No.2278/1993, whereby the learned Single Judge dismissed the following applications: -

(2.) AS all the appeals impugn the common order and since, the substratal facts are similar, the same have been taken up together.

(3.) THEREAFTER , Hari Mohan Sharma, M/s Moti Board Industries Pvt. Ltd., Gajendra, Om Prakash Sharma, Manju Mishra, Inder Pratap Singh Akoi (respondent nos.6 to 11 respectively in FAO(OS) No.235/2013) filed a civil suit (CS(OS) No.1511/1991) alleging that Charanjit Singh Rekhi and his wife Manjit Kaur Rekhi had entered into an agreement dated 14.09.1990, through their son and attorney Jasjit Singh, for sale of the suit properties for a total consideration of Rs.1,01,00,000/ -. It was alleged that, in terms of the said agreement, respondent nos.6 to 11 paid a sum of Rs.98,00,000/ - to the Bank thereby satisfying the entire dues of respondents no. 2 & 3 towards the bank and the balance amount of Rs.3,00,000/ - was paid to respondent nos. 2 & 3. It was also alleged that, after receiving the entire sale consideration, respondent nos.2 & 3 terminated the agreement by a notice dated 29.01.1991. Consequently, respondents no. 6 to 11 filed a civil suit (CS(OS) No.1511/1991) claiming specific performance of the agreement dated 14.09.1990 executed in their favour.