HIMMATLAL AND OTHERS Vs. RAJRATAN CONCEPT AND OTHERS

JUDGEMENT

(1.) This order shall govern disposal of Civil Revision No.191/2014 and Civil Revision No.192/2014 by the defendants No.2, 3 and 5 / petitioners preferred under section 115 CPC as the parties are same, facts are identical and question involved is similar in nature, hence decided by this common order.

(2.) Facts relevant and necessary for disposal of this revision petition are in narrow compass: A suit for specific performance of an agreement to sell, declaration, permanent injunction and delivery of possession of the suit land is pending consideration since the year 2014 vide civil suit No.1-A/2014 in the Court of Additional District Judge, Sardarpur, District Dhar. The plaintiff inter alia contended that the agreement to sell of the suit land; agricultural land described in paragraph 3 of the plaint was entered between the plaintiff and the defendant No.1 on 27/06/2002 for a consideration of Rs.70.00 lakhs.

(3.) The defendant No.1 Smt. Chandarbai w/o late Champalal Jain succeeded the suit property by virtue of written 'Will' dated 20/01/2000 notarized vide No.218/2000, a testamentary succession to the exclusion of the defendants No.2 to 9 (i.e., sons and daughters) of the deceased and the same is duly mutated in her name in the revenue record.