MOHANLAL GARG Vs. CHAUDHARY BUILDERS PVT LTD

JUDGEMENT

(1.) -This order shall also govern the disposal of Civil Revision- No. 50/2008 (Mohanlal Garg S/o. Prahaladdasji Garg V/s. M/s. Chaudhary Builders Pvt. Ltd. and two others) as learned counsel appearing for the parties agreed that common facts and law are involved in both the civil revisions and both civil revisions arise out of the common impugned order dated 14.12.2007 passed by Additional District Judge, Indore in Civil Suit No. 52-A/2007.

(2.) By the impugned order, learned Court below has rejected applicants' application u/s. 28 of the Specific Relief Act, (hereinafter referred to as 'the Act' for short), while it allowed the application for extension of time filed by non- applicant No.l. Hence, these two revisions are against the common impugned order. The facts relating to these two revisions are common and the relevant facts for the disposal of these revisions are as under.

(3.) It is undisputed that on 15.7.1992, an agreement of sale was executed jointly by Late Rajendra Kumar Garg and the above applicants in favour of non-applicant No. 1 in respect of the suit property situated in the heart of the city of Indore. As per agreement, they had agreed to sell suit property @ Rs. 130/- per Sq. ft. to the non-applicant No. 1. Thus, the total sale-consideration comes to Rs. 40.95 lacs and as against the same, applicants had received Rs. 22,44,500 as an advance. Said agreement of sale contained an arbitration clause to resolve mutual disputes by the sole arbitrator-Sbxi Gulabchandji.