The suit of the plaintiffs/respondents for specific performance of the two agreements to sell dated 15.5.84 and 15.9.84 was dismissed as barred by time by the Court of first instance. However, in appeal, the suit has been decreed and it has been held to be within time.
One of the points which require consideration is whether the lower appeal court was justified in holding the suit for specific performance of the agreements to sell dated 15.5.84 and 15.9.84 instituted on 14.9.89 to be within time when the agreements provided time of 6 months for execution of the sale deed from the date of obtaining ceiling permission which was obtained on 25.9.84 especially when the plaintiffs/appellants got four sale deeds in respect of other parts of land covered by the agreements executed within time?
The other point which is being sought to be canvassed that a common suit in respect of both the agreements was not maintainable.
The matter requires consideration.
Let the record of the Court below may be called for. Steps within a week.
Sri Atul Dayal, has accepted notice on behalf of all the respondents. He prays for and is allowed a month's time to file counter affidavit. Two weeks thereafter to the appellants for filing rejoinder affidavit.
List for admission/final disposal on the expiry of the aforesaid period.
Until further orders of this Court, the execution of the sale deeds in pursuance to the impugned judgment, order and decree of the lower appellate court dated 25.9.07 shall remain in abeyance provided the defendants/appellants deposit the part of the sale consideration of Rs.55,000/- which has already been received by them within a period of 6 weeks from today which shall be kept invested in a fixed deposit with a nationalized bank and shall be subject to the decision of the appeal.
Order Date :- 13.9.2010 piyush