DEEPAK GROVER Vs. ATUL AGRAWAL

JUDGEMENT

(1.) This misc. petition has been preferred by petitioner/defendant 1 challenging the order dtd. 11/3/2023 passed by 23rd District Judge, Jabalpur in MCA No. 310/2022 affirming the order dtd. 31/10/2022 passed by 11th Civil Judge Junior Division, Jabalpur in RCSA No.21-A/2015 whereby learned Courts below have allowed respondents 1-2/plaintiffs' application under Order 39 Rule 1 and 2 CPC dtd. 11/10/2022 filed in civil suit instituted on 16/2/2015 for specific performance of three agreements of sale dtd. 19/2/2012 notarized on 22/2/2012.

(2.) Facts in short are that the respondents 1-2 instituted a civil suit for specific performance of three agreements of sale dtd. 19/2/2012 whereby the plaintiffs entered into agreement of sale to purchase the suit property owned and possessed by the defendant 1, for total consideration of Rs.1,00,00,000.00 (i.e. Rs.17,57,992.00 + 22,47,824/- + 59,94,184/-) out of which a total amount of Rs.25,00,000.00 was paid in advance. It is specifically mentioned in the agreements that the sale deed shall be executed within a period of six months and possession of the property shall be handed over at the time of execution of sale deed, meaning thereby the time of six months was essence of contract.

(3.) Alleging non-fulfillment of other conditions of the agreement, the plaintiffs issued registered notices dtd. 8/1/2015 requiring the defendant 1 to fulfill all the conditions of the agreement dtd. 19/2/2012 and to inform the plaintiffs within 15 days, so that the sale deed(s) may be executed in the name of plaintiffs or other persons named by the plaintiffs, which was not replied and then on 16/2/2015 civil suit was filed.