BHOORA Vs. KAMLESH SHARMA

JUDGEMENT

(1.) Heard Shri Syed Wajid Ali, learned Counsel for the appellant, Shri P.N. Saxena, Senior Advocate assisted by Shri Vidya Bhushan Srivastava, Advocate and perused the record. Facts in brief of the present case are that initially plaintiff-respondents filed a suit for specific performance registered as Original Suit No. 34 of 2007 on the ground that a registered agreement to sale dated 12.1.2004 was entered into between the deceased appellant No. 1 and the plaintiffs/respondents wherein it is postulated that the plaintiffs/respondents will get the sale-deed executed from vendor upto 30.5.2004. In case they failed to get the sale-deed executed, the amount of earnest money would be forfeited. The said consideration was fixed for Rs. 2.45 lakh, out of which, the plaintiffs/respondents had paid Rs. 50,000/- to the vendor and rest of the amount was agreed to be paid at the time of execution of the sale-deed. In addition to the said matter, the Suit No. 67 of 2007 has also been filed by the defendants/appellants.

(2.) As controversy involved in both suits is based on same facts so Trial Court clubbed Suit Nos. 34 of 2007 and 67 of 2007 heard together and decided by judgment and decree dated 30.8.2013 by which the suit of the plaintiff/respondent (Original Suit No. 34 of 2007) decreed for refund of the money with 18% from 12.1.2004 till payment and the Suit No. 67 of 2007 filed by the Bhoora (now deceased) has been dismissed.

(3.) Thereafter, Civil Appeal No. 76 of 2013 has been filed against the judgment and decree of the Trial Court dated 30.8.2013 passed in Original Suit No. 34 of 2007 and Civil Appeal No. 83 of 2013 filed challenging the judgment and decree dated 30.8.2013 passed in Suit No. 67 of 2007.