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VIKRAM NATH, PRASHANT KUMAR MISHRA
Shyam Kumar Inani – Appellant
Versus
Vinod Agrawal – Respondent
JUDGMENT
VIKRAM NATH, J.
1. The six appellants are the plaintiffs in a suit for specific performance of a contract. The Trial Court decreed the suit. However, the High Court, on first appeal, allowed the appeal, set aside the order of the Trial Court and dismissed the suit. Aggrieved, the present appeals by the plaintiffs.
2. The dispute relates to 23.98 acres of Khasra Nos.546, 547 and 548 situate in village Godar Mau, Tehsil Huzur, District Bhopal. It is an admitted position between the parties that a larger area measuring 27.56 acres of the aforesaid three khasra numbers was purchased by one Sushila Bai, wife of late Chandra Mal Aggarwal, vide registered sale deed dated 29.04.1966 executed by erstwhile owner Vijay Chhatti for a sale consideration of Rs.7,000/-. Based on the said instrument, the name of Sushila Bai was mutated in land revenue records.
3. The appellants filed separate suits for specific performance in May, 1995 against the legal heirs of Sushila Devi.
4. It would be relevant to mention here that in the plaint, defendant nos.1, 2, 3, 4 and 5 were the other legal heirs of late Sushila Devi. We have mentioned the name of Kailash Aggarwal separately as he had a distinct ro
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