VEENA AGARWAL Vs. UNJHA AYURVEDIC PHARMACY AND OTHERS

JUDGEMENT

(1.) This defendant's appeal has arisen from judgment and decree dated 17.05.2006 and 25.05.2006, respectively, passed by Sri Salim Ahmad Khan, Additional District Judge, Court No. 6, Agra in Original Suit No. 306 of 1995 decreeing aforesaid suit and directing Defendants-1 and 2 to execute sale deed enforcing agreement dated 23.06.1993 in favour of Plaintiff-3 who is nominated by Plaintiffs-1 and 2, within two months since they have already paid entire outstanding dues of Punjab National Bank (hereinafter referred to as "Bank") in Original Suit No. 458 of 1986, failing which execution of decree shall be made by getting sale deed executed by Court. Defendant-2 in suit is the appellant before this Court.

(2.) Original Suit No. 306 of 1995 was instituted in the Court of Civil Judge, Agra by two plaintiffs, i.e., M/s Unjha Ayurvedic Pharmacy and Sri Nitin Shah. Subsequently by filing an application under Order 22 Rule 10 in January, 2006, Plaintiff-3, Sri Arvind Kumar Bajaj was sought to be impleaded on the ground that a deed of assignment was executed by Plaintiffs-1 and 2 in favour of Sri Arvind Kumar Bajaj on 10.09.2004. Court allowed application and Sri Arvind Kumar Bajaj was impleaded as Plaintiff-3.

(3.) Plaint case is that Plaintiff-1 is a Firm duly registered under Partnership Act, 1890 (hereinafter referred to as the "Act, 1890"). Plaintiff-2 is one of the registered partner of Plaintiff-1-Firm. Defendants-1 and 2, Sri Dau Dayal and Smt. Beena Agarwal are owners of 1865 sq. yards land forming part of Khasra No. 785 and 786, situate in Mauza Mau, Tehsil and District Agra, whereupon they had raised a masonry structure of Kothi without any flooring or plastering or fixing of any doors or door frames etc. Defendants- 1 and 2 contracted for sale of aforesaid land alongwith construction to Plaintiff-1 through Plaintiff-2 for a consideration of Rs. 20,00,000/-, whereagainst Rs. 1 lac was paid by Plaintiffs- 1 and 2 in advance to Defendants-1 and 2.