RAJENDER PAL PURI Vs. REDYS LABORATORIES LTD

JUDGEMENT

(1.) -By this judgment five appeals are being disposed of since they involve common questions of law and the facts of the cases are also very similar. In all these cases the appellant is Rajinder Pal Puri, (hereinafter referred to as the plaintiff). He filed five suits for specific performance of contract and for declaration that the sale deeds executed in favour of Dr. Reddy's Laboratories (hereinafter referred to as the respondent), are null and void. In the alternative damages have been claimed. It would be pertinent to mention that prior to the filing of the present five suits the plaintiff had filed five suits for permanent prohibitory injunction against the persons with whom he had entered into an agreement to purchase certain portions of land. The defendants in those suits have been referred to as the original defendants. The facts of each case are set down hereinbelow:-

(2.) In FAO No. 51 of 2005 the case of the plaintiff is that one Matu Ram had entered into an agreement, dated 11.6.2003 with Bhagat Ram, Ranjit Singh and Daler Chand to sell 3 bighas of land bearing khasra Nos. 869 and 875 comprised in Khata/Khatauni No.6 min/6 min situate in village Khol, H.B No. 186, Pargana Dharampur, Tehsil Nalagarh, District Solan, H.P. at the rate of Rs. 98,000.00 per bigha. It is further alleged that the plaintiff wanted to set up an industrial unit in industrial area Baddi and, therefore, he entered into an agreement dated 7th July, 2003 whereby the aforesaid Bhagat Ram, Ranjit Singh and Daler Chand had agreed to sell the said land in favour of the plaintiff at the rate of Rs. 1,67,500.00 per bigha, i.e. for a total consideration of Rs. 5,02,500.00. It is further alleged that Rs. 1,00,000 has been paid as advance and the remaining amount was to be paid on or before 20/12/2003 by which date the sale deed was to be executed. The plaintiff thereafter filed a suit in the Court of Sub-Judge 1st Class, Nalagarh against Bhagat Ram, Ranjit Singh, Daler Chand and Matu Ram in which it was prayed that the defendants intend to sell the suit property to some other person and they may be restrained by a decree of permanent prohibitory injunction from selling the suit land to any other person. It is alleged that at that time he did not file a suit for specific performance as no cause of action had arisen for the same. It is further alleged that despite the pendency of the said suit, Matu Ram sold the suit land to Dr. Reddy's Labs (hereinafter referred to as the respondent) vide sale deed dated 2/8/2004 registered on 5/8/2004 for a total consideration of Rs. 17,43,000.00.

(3.) In FAO No. 52 of 2005 the case of the plaintiff was that the original defendants, Sukh Ram, Bant Ram and Suchha Singh had entered into an agreement dated 26.6.2003 to sell the suit land measuring 3 bighas 16 biswas comprised in Khasra Nos. 831, 862 and 864 in Khata/Khatauni No. 15/15 min, situated in Village Khol, H.B No. 186, Pargana Dharampur, Tehsil Nalagarh, District Solan, H.P. at the rate of Rs. 1,67,000 per bigha i.e. a total consideration of Rs. 6,36,500/-. The claimant paid earnest money of Rs. 20,000 and it was agreed that he would pay 10% of the remaining sale consideration on or before 7/7/2003, 15% by 7/10/2003 and the remaining consideration on or before 7/1/2004 by which date the sale deed was to be executed. The plaintiff thereafter filed a suit in the Court of Sub-Judge 1st Class, Nalagarh against Surat Ram, Bant Singh and Suchha Singh in which it was alleged that the defendants are threatening to sell the suit land to some other person. It was further alleged that during the pendency of the original suit, the defendants have sold the suit land to Paramjit Singh, defendant No. 4 on 22.11.2003 who in turn sold the suit land alongwith some other land to the respondent Dr. Reddy's Laboratories at the rate of Rs. 4,15,000.00 per bigha.