( 1 ) BY this order I propose to dispose of LA. 11674/98 filed under Order 39 Rules 1 and 2 and Order XXXVIII Rule 5 along with the plaint. In the plaint it has been prayed that a decree be passed for-Rs. 55,84,000. 00 together -with pendents lite and future interest at the rate of twenty four percent per annum. Succinctly stated the facts giving rise to the disputes between the parties are that the Plaintiff was interested in purchasing land in Maharashlra for the setting up of a fresh industrial unit in that State. The Defendants represented to the Plaintiffs that they were holding land measuring fifty two (52) acres situated in Village Isambe, Taluka Khalapur, district Raigard, Maharashtra. The Defendants also owned a stone crusher and;a 75 KVA generator on the land. a Memorandum of understanding (MOU) for the purchase of the land and the stone crusher and electrical and mechanical fixtures was entered into between the parties for a total consideration of Rs. 1. 77 crores. This MOU was executed at Delhi. It was agreed that the entire transaction would be completed by 31. 10. 1998 and that although four different documents were drawn up, these would be treated a