MIRAHUL ENTERPRISES Vs. VIJAYA SRIVASTAVA

JUDGEMENT

(1.) These four appeals, which were filed against a common judgment dated 5th July, 1996 of learned Single Judge in two suits for specific performance of two contracts for sale of two residential flats were disposed of vide common judgment dated 10th May, 2002 by a Division Bench of this Court. Against that judgment two appeals were filed before the Hon'ble Supreme Court(being Civil Appeal No. 1209-1210 of 2003 and Civil Appeal No. 1211-1212 of 2003). The Hon'ble Supreme Court passed an following order on 19th July, 2006 in the said two appeals, the relevant portions of which order are as under :-

(2.) These appeals are thus being taken up again pursuant to the above order of the Hon'ble Supreme Court. On receipt of the said order fresh hearing was afforded to all the parties. Here itself it may also be mentioned that during the hearing of these matters, after remand, efforts were made to bring about some amicable settlement also between the parties but those efforts did not fructify as is evident from the order of this Court dated 19.3.2008. So, we shall now proceed further to return our findings as per the directions of the Hon'ble Supreme Court. Since we are now to give our issue-wise findings the factual background leading to this litigation between the parties and the evidence adduced during the trial will have to be noticed and examined all over again.

(3.) Two suits for specific performance of contracts were instituted by two persons, namely, Mrs. Vijaya Srivastava and Rear Admiral Rishi Raj Sood(retd.) against M/s Mirahul Enterprises, a partnership firm engaged in the business of construction activity, and its partners, who were defendants no.2-5 in the two suits. From the pleadings and the evidence adduced by the parties, oral as well as documentary, we have been able to cull out the following undisputed facts:-