MOHAMMED ARIF Vs. KAMALABAI

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been preferred by the plaintiffs/petitioners being aggrieved by the order dtd. 27/8/2022 (Annexure P/23) passed in RCS A-22/2018 by the 20th District Judge, District Indore whereby while considering an application under Order 7 Rule 11 of the CPC preferred by defendants No.1, 6, 10, 11, 12, 13, 17, 18, 19 and 21 they have been granted an option to continue the suit in respect of one agreement to sale executed between the parties and to file six separate civil suits in respect of the other six agreements to sale for their specific performance.

(2.) As per the plaintiffs, the suit land bearing Survey No.507 area 3.015 hectare, Village Mundla Nayata, Tehsil and District Indore was held by the predecessors of defendants. After their death, the defendants became the owners of the same. The plaintiffs entered into seven seperate registered agreement to sale with the defendants on different dates for purchasing their undivided and unidentified respective shares in the suit land. The total consideration of all the agreements was Rs.2,71,00,000.00 out of which a sum of Rs.2,64,00,000.00 was paid by way of earnest money. On 16/10/2017 remaining amount of sale consideration of Rs.7,00,000.00 was also paid to the defendants. The only remaining act to be performed was execution of registered sale deed by defendants in favour of plaintiffs who have however not done so.

(3.) The plaintiffs have hence on 6/8/2018 instituted an action before the trial Court for specific performance of the contracts entered into by them with the defendants jointly, for possession of the suit land and for permanent injunction restraining the defendants from alienating the suit land in any manner.