Valmiki J. Mehta, J, (Oral)

1. Three suits namely CS(OS) No. 2421/1989 titled as M/s. A.D. Overseas v. Bali Ram Sharma, CS(OS) No. 2415/1989 titled as M/s. A.D.Overseas v. Anil Sharma and CS(OS) No. 2414/1989 titled as M/s. A.D.Overseas v. Smt. Snehlata Sharma are being decided by the present judgment. By the order dated 26.7.1991, these three suits were consolidated, and it was ordered that evidence will be led in CS(OS) No. 2421/1989. The facts of all the three cases are almost identical except the value of the sale consideration which varies because of the areas of the lands. For the sake of convenience, I am basically making reference to the facts of the CS(OS) No. 2421/1989, the lead case.

2. The plaintiff has filed the subject suit seeking specific performance of the agreements to sell dated 18.8.1988, Ex.P1. The land which was agreed to be sold under this agreement was of 27 bighas comprised in khasra Nos. 767(2-16), 768(4-16), 769(0-10), 770/1-2(4-10), 771(4-16), 779(4-16), 780(0-6), 781(4-10). The total sale consideration fixed was Rs. 53,43,300/-. In CS(OS) No. 2414/1989 the area of land is 4 bighas and 16 biswas comprised in khasra no.777, village Chattarpur, Tehsil- Mehra