JUDGMENT :

S.M. Modak, J.

The members of the family of Ramdas Wagde and Eknath Wagde owns a land bearing Khasara No.40, PH No. 73, mouza Zari, District Nagpur. It admeasures about 2.43 H of land. Two sets of parties claim that on different occasions they have agreed to purchase/purchased some portion or entire portion of the said land from those family members. One set of such parties/purchasers are plaintiff nos. 1 to 6 of Special Civil Suit No.874/2017, (hereinafter referred to as 'subsequently instituted suit i.e. second suit'). Whereas, present respondent nos. 7 and 8 are another set of purchasers from the family members of Wagde.

2. There are two versions about purchase/sale transaction with the plaintiffs of the second suit. According to the plaintiffs, there was a oral agreement to purchase the land and payment was made on 30-12-2004 whereas, the family members of Wagde family i.e. defendant nos. 1 to 6 of the second suit have pleaded two written agreements to sell. One is dated 30-12-2004 and another is undated but having stamp papers dated 28-12-2005. Whereas, present res