(1.) RULE . Mr. Satyam Y. Chhaya, learned advocate waives service of notice of Rule for the respondents Nos. 1, 3, 4 and 5. Respondents Nos. 2,6 and 7 are duly served, but none appears on their behalf.
(2.) THIS petition has been filed under Articles 226 and 227 of the Constitution of India, challenging order dated 30 -12 -2008 passed by the District Court, Junagadh, in Civil Misc. Appeal No. 45 of 2007,whereby the order dated 20 -6 -2007 passed by the Trial Court below application at Exh.5, in Regular Civil Suit No. 38 of 2006, has been confirmed.
(3.) THE petitioner, who is the plaintiff, has instituted the above -mentioned Suit for declaration and grant of permanent injunction against the respondents. Briefly stated, the case of the petitioner in the Suit is that a registered Sale Deed dated 4 -2 -2000 in respect of land bearing Revenue Survey No. 1391/14 admeasuring 202 sq. mts., situated near Link Guest House, Mangrol, was executed by him in favour of respondents Nos. 1,3,4 and 5 (defendants Nos. 1,3,4 and 5 in the Suit). The sale consideration mentioned in the Sale Deed is Rs. 71,000/ - and there is no dispute regarding the fact that the said respondents have paid an amount of Rs. 71,000/ - to the petitioner. However, it is the case of the petitioner that the parties had orally agreed that the sale consideration would be Rs. 5,71,000/ - and the concerned defendants have assured the petitioner that they would pay an additional amount of Rs. 5,00,000/ - in a few days, but the said amount was not paid and possession of the land was taken over by the respondents. The concerned respondents, further sold the suit land to respondent No. 6, for a sale consideration of Rs. 70,000/ -.