DEEPAK SONI Vs. KODAR MAL

JUDGEMENT

(1.) In all the above writ petitions, common question is involved, therefore, all these writ petitions are decided by this common order. For the purpose of taking into consideration the facts of the case, the Court is considering facts from S.B. Civil writ petition No. 841/2009. In all these writ petitions, the petitioners challenging the validity of order dt. 05.11.2008 passed by Addl. District Judge (Fast Track) No. 2, Udaipur in Civil Original Cases No. 21/2007, 22/07, 23/07, 24/07, 28/07, 29/07, 31/07 and prayed that the said order may be quashed and it may be declared that the document agreement dt. 03.12.2004 is sufficiently stamped.

(2.) As per facts of the case, the petitioners filed suit of specific performance and injunction against the respondents narrating therein that a plot situated at 335, Eklavya Colony was of the ownership of respondent No. 1 and the same was agreed to be sold to the petitioner at the rate of Rs. 65/- per Sq ft. and, for that purpose, agreement dt. 03.12.2004 was executed by respondent No. 1 in favour of the petitioner. By the said agreement, in all 10 plots were sold by respondent No. 1 and Rs. 70,000/- were paid on the same day and this fact was mentioned in the agreement dt. 03.12.2004 and it was mentioned in the agreement that rest of the amount shall be paid at the time of registration of the document In the agreement, it was also mentioned that it shall be the duty of the respondents to get no-objection certificate from the Eklavya Multipurpose Co-operative society Ltd. and after getting no objection certificate the registration shall be done after payment to the rest of the amount by the petitioners. It is also specifically mentioned that possession of the land in question was not: transferred and it was agreed to be transferred after registry of the sale in question.

(3.) In the suit it is stated by the petitioners that they were ready and willing to pay the rest of the amount and to take over possession but the respondent for one or the other reason is trying to delay the registration of the document on the count that no objection certificate has not been obtained and he is trying hard to obtain the same.