VISHAL CONSTRUCTION PARTNERSHIP FIRM Vs. NANHE KHAN

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiffs under Sec. 96 of the Code of Civil Procedure against the judgment and decree dtd. 15/5/2015 passed by learned 3rd Additional District Judge to the Court of first Additional District Judge, Bhopal in Civil Suit No.237-A/2011.

(2.) The brief facts of the case, are that the plaintiffs filed the suit for specific performance of contract i.e. joint venture agreement dtd. 20/4/2010 and for permanent injunction over the suit property bearing khasra numbers 50/2 and 151 admeasuring 6.93 acres situated at village- Khajuri Kala Piplani, Bhopal alleging that the respondent Nanhe Khan executed a registered agreement of contract of joint venture after taking a part of consideration. The total consideration was Rs.6.92 Crores. The plaintiffs/appellants have paid a total sum of Rs.3,93,00,000.00 to the respondent through cheques which have been encashed by him.

(3.) It is also pleaded that before filing of the suit, the defendant - Nanhe Khan filed a suit bearing R.C.S.No.161-A/2011 for declaration the disputed joint venture agreement dtd. 29/4/2010 as null and void and not binding on him on the ground that the said agreement was executed by playing fraud and misrepresentation. Nanhe Khan in the aforesaid civil suit filed an application under Order 39 Rules 1 and 2 for grant of temporary injunction which was dismissed vide order dtd. 30/3/2011. Thereafter, the aforesaid suit itself was withdrawn by Nanhe Khan.