Civil Suit No.548 of 2012 and Special Civil Suit No.365 of 2012. It is the case of Appellants that the original owner of the suit flat viz. Mayank Sharma and Romila Sharma orally agreed to sale the suit flat to one of the Appellants Madhu Vijay Kheria for total consideration of Rs.5.61 Lakhs, out of which an amount of Rs.3.71 Lakhs was paid by Madhu Kheria to the vendors and that she was put in possession of the suit flat by the vendors. As against this, Mr. Manoj Solanki and Mr. Yogesh Solanki claim that the owners Mayank Sharma and Romila Sharma executed oral agreement with them in the year 2005-06 for sale of the same flat by accepting consideration of Rs.5.50 Lakhs out of agreed consideration of Rs.6 Lakhs. On 08 August 2011 the owners Mayank and Romila executed registered sale agreement in favour of Manoj Solanki and Yogesh Solanki. Appellant Madhu Kheria issued notice to the owners calling them upon to specifically perform the contract by executing sale deed. 3. The Appellants initially filed suit bearing Regular Civil Suit No.1520 of 2012 seeking injunction against the original owners. It appears that the said suit was withdrawn. Thereafter two counter suits are filed. Manoj Solanki and Yogesh Solanki instituted Special Civil Suit No.365 of 2012 seeking possession of the suit flat from Appellants as well as damages for illegal occupation of the flat. Appellant Madhu Kheria filed Special Civil Suit No.548 of 2012 seeking cancellation of sale agreement dated 08 August 2011 executed by the owners in favour of Solankis and for specific performance of oral agreement executed in their favour by the original owners. For the sake of convenience, the Appellants are referred as ‘Kherias’, flat purchasers in whose favour registered sale agreement is executed on 08 August 2011 are referred to as ‘Solankis’ and the original owners are referred to as ‘Sharmas’.
