MR. JUSTICE S.RAVINDRA BHAT

1. This order deals with the objection as to the maintainability of the Suit, raised by the defendants. The matter was heard on 22.12.2009 when the Court indicated that the orders would be passed today.

2. The plaintiffs seek a decree for cancellation of an Agreement cum Partnership deed, dated 18.11.1987, said to have been executed between the first defendant and one late Manoj Kumar in respect of the land being Khasra No. 597 and 600, (“the suit lands”) Revenue estate Village Devli, Tehsil Mehrauli, New Delhi and a declaration that such document was executed without authority and, therefore, null and void. A consequential decree for declaration, that the plaintiffs are in possession of the suit lands, as well as for a decree for permanent injunction, in respect of the said land and the documents is also sought.

3. The plaintiffs claim to be owners of the suit lands measuring 8 Bighas and 11 biswas. It is stated that first defendant is a purported partnership concern, the composition of which is not known, but according to the Suit, the Defendant Nos.2 & 3 are its partners. The plaintiffs contend that Mange, Rattan Singh and Surjee are sons of Ghisha, resident of Village Devli and were owners of the suit land, but on 13.2.1980 sold 1 Bigha and 16 biswas of land comprising of khasra No. 597 to the Plaintiff Nos.1-3 through a registered sale deed and that such previous owners has also delivered peaceful vacant possession of such land. It is also stated that with regard to Khasra No. 600, the said three persons were joint owners of 3200 sq. yds. of which Mange sold his land i.e. 1067 sq. yds. to the fourth plaintiff and his sister. Similarly, state the plaintiffs, an identical parcel of land was sold to Mr. Rattan Chand and Smt. Chander Prabha, the first plaintiff’s wife. Surjee sold 1067 sq. yds. of land to the fifth plaintiff and his sister Shashi Bala. It is stated that the plaintiffs, for the purpose of effective management of the properties constructed two rooms upon it and employed one Shyam Mishra to look after it; he was residing there. The plaintiffs rely upon registered sale deeds dated 13.2.1980. In these circumstances, say the plaintiffs, one Manoj Kumar approached them in January, 1987 to purchase the suit land. The plaintiffs refer to an agreement to sell dated 19.1.1987 with the said vendee, who is now deceased, for selling their respective share of the suit properties for a total consideration of Rs.16,25,000/-, of which an advance of Rs.1,50,000/-was paid. The plaintiffs say that possession of the land was to be handed over and that in case the vendee failed to pay the balance consideration by 15.04.1987 to them, the advance was to be forfeited.

4. The plaintiffs rely upon the stipulations in the said agreement to sell, which are as follows: -

“1. The cost of the above mentioned property/land has been fixed Rs.325/-(Rupees three hundred twenty five) per sq. yds. for which the first party has received a sum of Rs.1,25,000/-(Rupees one lakh twenty five thousand) and Rs.25,000/-(Rupees twenty five thousand) under separate receipts referred to above out of the total amount of Rs.16,25,000/-(Rupees Sixteen lakhs twenty five thousand) ad advance earnest money from the second party against the consideration of the said property.

2. That the balance payment of Rs.14,75,000/-(Rupees fourteen lakhs seventy five thousand only) shall be paid by the second party on or before the 15April, 1987.

3. That the first party will be delivered the vacant and actual possession of the said land to the Second Party at the time of execution of General Power of Attorney after receive the full and final payment.

4. That all the expenses of the said deed shall be borne by the Second Party.

5. That all the taxes, levies and other expenses in respect of the said land up to the date of execution of this agreement shall be paid by the first party and thereafter the same shall be paid by the Second Party.

6. Tha