SUNITA Vs. SUBHASHCHANDRA RANKA

JUDGEMENT

(1.) Since both the Civil Revision Petitions involve a common question of law, the same are decided by this common order.

(2.) The brief facts are that the respondents/plaintiffs filed two suits, being Civil Original Suit No. 30/2016 (CIS No.75/2018) and Civil Original Suit No. 31/2016 (CIS No.76/2018), before the learned Additional District Judge No.2, Nimbahera, Chittorgarh.

(3.) In Civil Original Suit No. 30/2016 (CIS No.75/2018), it was stated that the original defendant No.1, namely Hansraj Chaplot, and respondents/plaintiffs No.1 and 2 entered into an agreement to sell dtd. 10/7/2013 for the sale of a three-storied building known as "Chopda Wali Haveli" located in Nimbahera, Rajasthan. The total sale price of the property in question was disclosed to be Rs.25,00,000.00. Against the total sale consideration of Rs.25,00,000.00, the original defendant received an advance payment of Rs.10,00,000.00. The remaining amount was to be paid within eleven months. The sale agreement was executed between the parties in the presence of one Mr. Sudhir Kumar Kumawat. Upon failure of the original defendant to execute the sale deed pursuant to the agreement to sell dtd. 10/7/2013, the respondents/plaintiffs filed a suit for specific performance and permanent injunction, seeking enforcement of the said sale agreement and a permanent injunction restraining the petitioner/defendant from alienating the property or creating third-party rights over it.