Challenge in this appeal is to the legality and validity of the
judgment and decree dated 2nd February, 2018 passed in Civil Suit
No.62-A/2015 whereby the suit filed by the petitioners/plaintiffs for
specific performance of contract has been dismissed. For the sake of
convenience, parties shall hereinafter be referred to as per their
description before the trial Court.
02. Briefly stated, case of the plaintiffs is that there is a land situated
at Village-Pulgaon, PHN 18/25, Khasra No.193/1, area 1.676 hectare
in the joint ownership of defendants No. 1 to 5. Defendants No. 1 to 3
on behalf of their sisters defendants No. 4 & 5 entered into an
agreement with the plaintiffs for sale of the aforesaid land on 30.9.2014
@ Rs.38 lacs per acre and as an advance, Rs.2 lac cash and one
post-dated cheque of Rs.3 lacs of Syndicate Bank, Branch-Durg was
received. On the date of execution of the agreement, it was agreed
between the parties that Rs.20 lacs shall be paid by 10.11.2014 and
after receiving rest of the amount of sale consideration within six
months from the date of execution of agreement i.e. 30.9.2014,
registered sale deed shall be executed either in the name of the
plaintiffs or any other persons at the instance of the plaintiffs. Later on,
after taking back those post-dated cheques, defendants No.1 to 3 were
given cash of Rs.1.60 lacs and 1.40 lacs. As per agreement, Rs.20
lacs was to be paid by 10.11.2014 and hence being in need of money
when on 3.11.2014 defendant No.3 demanded Rs.5 lacs cash from the
plaintiffs out of the aforesaid amount of Rs.20 lacs, the plaintiffs gave
RTGS Cheque No.249516 of Rs.5 lacs of Syndicate Bank, Durg. The
plaintiffs deposited Rs.20 lacs in Syndicate Bank, Durg and informed
defendants No. 1 to 3 orally but they replied that since as of now they
are not in need of money, so they will inform them whenever needed.
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