SHARMA CONSTRUCTION COMPANY Vs. RAMDAS GOVINDA WAGDE

JUDGEMENT

(1.) The members of the family of Ramdas Wagde and Eknath Wagde owns a land bearing Khasara No.40, PH No. 73, mouza Zari, District Nagpur. It admeasures about 2.43 H of land. Two sets of parties claim that on different occasions they have agreed to purchase/purchased some portion or entire portion of the said land from those family members. One set of such parties/purchasers are plaintiff nos. 1 to 6 of Special Civil Suit No.874/2017, (hereinafter referred to as 'subsequently instituted suit i.e. second suit'). Whereas, present respondent nos. 7 and 8 are another set of purchasers from the family members of Wagde.

(2.) There are two versions about purchase/sale transaction with the plaintiffs of the second suit. According to the plaintiffs, there was a oral agreement to purchase the land and payment was made on 30-12-2004 whereas, the family members of Wagde family i.e. defendant nos. 1 to 6 of the second suit have pleaded two written agreements to sell. One is dated 30-12-2004 and another is undated but having stamp papers dated 28-12-2005. Whereas, present respondent nos. 7 and 8 pleaded about two written agreements to sell dated 16-10-1998.

(3.) The present plaintiffs were successful in getting executed two registered Sale Deeds of the suit land dated 02-01-2006 and 22-10-2007. Whereas, present respondent nos. 7 and 8 could not get executed Sale Deeds from the family members of Wagde family (on the basis of 1998 agreements). They were compelled to file Special Civil Suit No.185/2005 for specific performance (hereinafter referred to as 'prior suit'). It was against the family members of Wagde family. They were successful in getting a favourable decision from the trial Court. They were also successful in getting confirmation of the said decision from the First Appellate Court and even from the Second Appellate Court.