BHARATKUMAR ISHWARLAL MITERANI Vs. GRISHBHAI MANUBHAI

JUDGEMENT

(1.) PRESENT appeal from order is preferred under the provisions of Order 43 Rule 1(r) read with Section 104 of the Code of Civil Procedure, 1908 (for short the Code) challenging order dated 23.1.2012 passed by the leaned Chamber Judge, City Civil Court, Ahmedabad below notice of motion Exh.6/7 in Civil Suit No.1421 of 2011, whereby the learned Chamber Judge dismissed the injunction application preferred by the appellants (original plaintiff) (hereinafter referred to as the purchasers), wherein the purchasers have prayed to maintain status position qua the land bearing survey No.104/1, Final Plot No.57 of Mouje Naroda, Tal: City, Dist: Ahmedabad (hereinafter referred to as the suit land) till suit for specific performance of sale agreement dated 29.6.2005 (hereinafter referred to as the suit agreement) executed by the respondent Nos.1 and 2 (hereinafter referred to as the vendors) is decreed and further prayed to cancel the sale deed dated 20.6.2011 executed by the vendors in favour of the respondent Nos.3 and 4 (hereinafter referred to as the subsequent purchasers) being illegal and null and void and further prayed for perpetual injunction restraining the vendors and subsequent purchasers from selling, gifting, assigning or creating any charge or transferring possession of the suit land or erecting any construction on the suit land till final disposal of the suit.

(2.) ADMITTEDLY , the total sale price of the suit land was settled at Rs.1,66,25,550/ and the purchasers paid Rs.16,62,000/ on the date of entering into the suit agreement to the vendors and made further payment of Rs.2,10,000/ and Rs.2,50,000/ on 5.7.2005 and 15.8.2005 respectively. The relevant clauses of the suit agreement, if translated in English freely, are as follows :

(3.) ON 14.6.2011, the vendors issued notice to the purchasers, inter alia, stating that the vendors acknowledged the receipt of part payment of Rs.18,72,550/ - and further stated that the suit agreement is in force as on today. It is further stated by the vendors that they are not able to fulfill the conditions of the suit agreement as vendors could not evict the tenants occupying some portion of the suit land as the tenants have filed civil suit before the competent Court and in that situation, it is stated that the vendors are not able to get some portion of the suit land vacated occupied by the tenants and therefore, expressed their inability to sell the suit land. On this count, as the vendors themselves found unable to sell the suit land, shown willingness to pay 9% interest on the amount received by the vendors at the time of execution of the suit agreement and subsequently. Lastly, the vendors informed the purchasers to inform as to how they would like to receive the balance consideration and in default, on 6thday, the vendors would send the amount by demand draft and thus, vide notice dated 14.6.2011, the vendors informed to the purchasers that the suit agreement stands cancelled w.e.f. 20.6.2011.