( 1 ) BY this common judgment, the following three suits can conveniently be dispoed of together. 1. Suit No. 2210/97 mrs. Sarawjeet Singh. . . Plaintiff. vs. M/s. Saraswati Builders and Ors. . . . Defendants 2. Suit No. 2211/97 mr. M. Jha. . . Plaintiff. vs. M/s. Saraswati Builders and Ors. . . . Defendants. 3. Suit No. 2212/97 mrs. Sushila Devi Jha. . . Plaintiff. vs. M/s. Saraswati Builders and Ors. . . . Defendants. All the three suits had been consolidated by this Court vide order passed on 18. 9. 1998. Since the question involved are identical, for sake of convenience the same are being mentioned from Suit no. 2211/97.

( 2 ) THE plaintiff N. Jha had filed the suit seeking a declaration, declaring the agreement to sell dated 13. 1. 1997, to be null and void and for recovery of rs. 15,61,570/- besides pendente lite interest at the rate of 24% p. a. Rs. 5,50,000. 00 are claimed as damages suffered by the plaintiff by keeping blocked the amount of the plaintiff of Rs. 27. 00 lakhs to honour its obligation under the agreement to sell dated 13. 1. 1997.

( 3 ) THE facts alleged in the plaint are that defendant (M/s. Saraswati Builders) is a partnership firm and Mrs. Ne