RAMAN SHARMA Vs. SOMESH CHANDRA JHINGAN

JUDGEMENT

(1.) These are three suits praying for a decree of specific performance of the agreement(s) of sale dated 4.7.1993. Raman Sharma is the plaintiff in suit Nos.1543/1996 and 1547/1996. Sanjeev Mehta is the plaintiff of suit No.1544/1996. Defendants in the three suits are the wife and the two sons of late Shri K.C.Jhingan. Subject matter of the three agreements is property No.A- 12, New Rajinder Nagar, New Delhi. Each defendant in the three suits has one- third undivided share in the suit property as the property was owned by late Shri K.C.Jhingan and on his death his wife and two sons inherited one-third share each. Name of the three defendants was recorded as the joint perpetual lessee in respect of the plot of land for the reason late Shri K.C.Jhingan was a perpetual lessee of the plot under the LandDO.

(2.) Each agreement is identically worded. The plaints and the written statements are identical save and except reference to the purchaser and the seller.

(3.) On 4.7.1993, evidenced by a written receipt, the three defendants agreed to sell their respective one-third share in the suit property for a consideration of Rs.6,60,000/- each. Each defendant received Rs.1,66,666/- at the time of execution of the agreement.