HASMUKHLAL V. SHAH Vs. PRUITHAVISHINH S CHAMPAVAT

JUDGEMENT

(1.) The present First Appeal under Sec. 96 of the Civil Procedure Code read with Order-41 Rule -1 has been preferred by the original defendant against the judgment and decree dtd. 28/6/1996 passed by the learned City Civil Court No.4, Ahmedabad in Civil Suit No. 3458/1986 whereby the decree of specific performance of the contract is passed in favour of the original plaintiffs - respondent herein.

(2.) The Appellant is the original defendant and respondents are the original plaintiffs before the trial Court. For brevity and convenience the parties are referred to in this judgment as per the status assigned to them before the trial Court i.e. plaintiffs and defendant.

(3.) It appears from the record that the plaintiffs have filed the Suit for specific performance of contract for sale of a house in a Cooperative Housing Society standing in the name of the defendant. It is the case of the plaintiffs that the defendant is a member of Shantivan Cooperative Housing Society Ltd., Narayannagar Road, Paldi, Ahmedabad. As per the bye-laws of the Society, the Society was "tenant ownership society" and the defendant was one of the original promoters of the Society. Bungalow No.7 was allotted to the defendant in the said Society. The area of the Plot is 220 sq. yds and built-up area is 75 sq. yds. Initially, the defendant had let the said bungalow to the plaintiff No.1 in the year 1970 and since then he is in occupation thereof.