V.M.JAIN
Naresh Chandra And Anr. – Appellant
Versus
Mahavir Singh And Ors. – Respondent
V.M.Jain, J.
1. This is a revision petition against the order dated 24.12.1999 passed by the District Judge, dismissing the application dated 20.10.1999 filed by the plaintiffs-appellants under Order 41 Rule 27 read with Section 151 CPC.
2. The facts which are relevant for the decision of the present revision petition are that the plaintiffs Naresh Chandra etc. had filed a suit for specific performance of the agreement to sell dated 30.1.1995 and for delivery of vacant possession and also declaration against defendants Mahavir Singh etc. In the said suit, it was alleged by the plaintiffs that defendant No. 1 Mahavir Singh was the absolute owner of the land measuring 102 Kanals and 14 marlas detailed in the plaint and that he entered into a written agreement to sell dated 30.1.1995 with plaintiff No. 1 Naresh Chandra for the sale of a part of the suit land measuring 5 acres detailed in the plaint @ Rs. 99 lacs per acre and the total consideration was Rs. 4,95,,00,000/-. It was alleged that at the time of said agreement, a sum of Rs. 11.00 lacs was paid as advance money on 30.1.1995 and a receipt was duly executed by defendant No. 1 in favour of plaintiff No. 1 and the balanc
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