The intention of the parties regarding property transfer must be established through evidence, and suits cannot be dismissed for non-payment of sale consideration without examining factual disputes.

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

I.A. 25435/2015 (u/O VII Rule 11 CPC) in CS(OS) 3337/2014 I.A. 5443/2015 (u/O VII Rule 11 CPC) in CS(OS) 3338/2014 I.A. 2915/2015 (u/O VII Rule 11 CPC) in CS(OS) 2524/2015 Background

2. These three suits have been filed seeking declaration and cancellation of sale deeds in respect of three parcels of land. The details of the said lands are as under:

Three portions of the Land comprising in Khata/Khatoni No.21/25, bearing Khasra No.11/7/2 (12-17), 20/1/2 (17-19), 2/2/2 (1-9), 24/22/2(1-19), 25/21(4-12), 33/6 (4-9), 16/1 (1-9), 25/2 (3-2), 34/1(4-12), 2(4-16), 9(4-16), 10(4-16), 11 (4-16), 12 (4-16), 19 (4-16), 20 (4-16), 21 (4-16), 22 (4-16), 23/1 (1-0), 26 (0-12), 36/1 (4-16), 2 (4-16), 3 (4-16), 8 (1-18), 9 (4-16), 10 (4-16), 37/5/2 (2-10), 6/1 (1-12), 15/2 (0-14), 16/1 (1-0), 105/84(1-1), 138(3-11), 141/1(0-5), situated in the Revenue Estate of Village Pandwala Kalan, New Delhi. The particulars of the three suits are:

Manoj Kumar

3. CS(OS) 3337/2014 and CS(OS) 3338/2014 have been filed by Ravinder Kumar and Ramesh Kumar, respectively, seeking cancellation of the sale deed dated 12th September, 2013, and a permanent injunction restraining M/s Gigantic Impex Pvt. Ltd. from interfering with the suit property i.e., land situated at Revenue Estate of Village, Pandwala Kalan, New Delhi as provided in paragraph 1 of the plaint.

4. On the other hand, CS(OS) 2524/2015 has been filed by Manoj Kumar, seeking cancellation of the sale deed dated 12th September, 2013, and a permanent injunction restraining Zest Hightech Pvt. Ltd. from interfering with the suit property i.e., land situated at Revenue Estate of Village, Pandwala Kalan, New Delhi as provided in paragraph 1 of the plaint.

5. The Plaintiffs in the suit are Sh. Ravinder Kumar, Sh. Ramesh Kumar and Sh. Manoj Kumar. The Defendants in these suits are M/s Gigantic Impex Pvt. Ltd. and Zest Hightech Pvt. Ltd.

6. These cases pertain to a dispute over the ownership and sale of various portions of the land of the suit property in the three suits i.e., first portion admeasuring 133 bighas 03 biswas in CS(OS) 3337/2014, second portion measuring 121 bighas 15 biswas in CS(OS) 3338/2014 and third portion 131 bighas 04 biswas in CS(OS) 2524/2015. The suit property situated in the Revenue Estate of Village Pandwala Kalan, New Delhi is stated to be jointly owned by the Plaintiffs as co-sharers.

7. In the suits it is alleged by the Plaintiffs that despite the absence of a legal partition among the co-sharers, the Defendants’ (i.e., M/s Gigantic Impex Pvt. Ltd. in CS(OS) 3337/2014, CS(OS) 3338/2014 and Zest Hightech Pvt. Ltd in CS(OS) 2524/2015) representative, along with the Plaintiffs’ relatives, expressed interest in purchasing the lands at the rate of Rs.4,10,00,000/- per acre. Subsequently, negotiations took place regarding the sale consideration, culminating in an agreement where the Defendants agreed to purchase the land at a specified price per acre, out of which, Rs.53,00,000/- per acre shall be paid vide cheque/bank draft as it is the market price fixed by the Govt. of NCT of Delhi and remaining consideration amount shall be paid in cash. The negotiations are claimed to have taken place at the residence of the