MOHAN LAL v. NAIN SINGH BHATI

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. /2024 (@SLP (C) No.6218/2019)

MOHAN LAL APPELLANT(S)

NAIN SINGH BHATI & ORS. RESPONDENT(S)

Leave granted.

Being aggrieved by the order dated 12.11.2018 passed in

Civil Revision No.542/2009 by the Allahabad High Court, the

revisionist has preferred this appeal. By the said order, the

High Court dismissed the revision which was filed against the

order dated 01.12.2009 passed by the Additional Civil Judge

(Senior Division), Ghaziabad (“Trial Court”). By the said

order, the Trial Court allowed the application No.75-Ga filed

by the respondent-plaintiff Nos.1 and 3 resiling from the

agreement containing application No.70-Ka and dismissed the

application No.76-Ga filed by the appellant herein.

Briefly stated, the facts are that the appellant-

defendant in the suit had entered into an agreement to sell the

suit scheduled property dated 15.05.2006 to the respondents-

plaintiffs for a total consideration of Rs.78.42 lakhs. It was

only in respect of one-third of the suit scheduled property

which was one-third share(being 2.9170 Hectares) of the

appellant herein in the entire property. Admittedly a sum of

Rs.5,00,000/-(Rupees Five Lakhs Only) was received by the

appellant herein towards advance sale considerati...