NARESH PRAHLADBHAI MODI Vs. MAHENDRABHAI VITTALBHAI PAEL

JUDGEMENT

(1.) THIS group of appeals arise out of common judgment and decree dated 14.06.2000 passed by the learned Civil Judge (S.D.), Mirzapur, Ahmedabad (Rural) Exh.256. By the said judgment and decree, the suits filed by the appellants (plaintiffs) of First Appeal Nos.1084 to 1087 of 2000 for relief of specific performance of contract came to be dismissed and as regards relief for damages came to be partly allowed. The original defendant Nos.1 to 5 (herein after referred to as 'the landlord')were ordered to refund earnest money to the tune of Rs.85,500/- to the plaintiffs and to pay them damages of Rs.6,69,209/-. The plaintiffs have, therefore, filed First Appeal Nos.1084 to 1087 of 2000 against the dismissal of their suits for specific performance of contract and the defendants have filed First Appeal Nos.353 of 2001 to 356 of 2001 insofar as they are directed to refund earnest money and to pay damages to the plaintiffs. First Appeal No.1084 of 2000 is filed against the judgment and decree passed in Special Civil Suit No.380 of 1992, First Appeal No.1085 of 2000 is filed against Special Civil Suit No.381 of 1992, First Appeal No.1086 of 2000 is filed against Special Civil Suit No.382 of 1992 and First Appeal No.1087 of 2000 is filed against Special Civil Suit No.383 of 1992.

(2.) THE Landlord executed agreement to sell in respect of lands bearing survey Nos.866,868, 856(3) and 863 dated 25.01.1981 in favour of the plaintiffs.

(3.) WHETHER the present suit barred by the limitation'