MADHUBALA Vs. RAM KAURI

JUDGEMENT

(1.) This is an appeal by the plaintiffs, in a suit filed by them seeking specific performance of a contract entered into by them with the defendant (now represented by their LRs), for the purchase of half a share in land measuring 48 kanals 16 marlas, situated at Bawani Khera, District Bhiwani.

(2.) The facts, taken from the judgments of the Courts below, are that the aforesaid agreement was entered into, duly signed by both parties in the presence of witnesses, on 5.12.2005, with Rs.2 lacs settled as the consideration for the purchase of the suit land by the plaintiffs from the defendant. Of the said amount, Rs.1,30,000/- was received by the defendant from the plaintiffs, against a duly signed receipt.

(3.) Upon notice having been issued to him, the defendant filed a written statement taking the usual preliminary objections of locus standi, maintainability etc., including the fact that the plaintiffs had not come with clean hands, having concealed true and material facts from the Court.