(1.) The present Second Appeal is filed under Sec. 100 of the Code of Civil Procedure by the appellant original plaintiff against the judgment and decree dtd. 14/8/2019 passed by the learned 8th Additional District Judge, Vadodara in Regular Civil Appeal No.173 of 2018, dismissing the Civil Appeal and confirming the judgment and decree passed by the learned 11 th Additional Senior Civil Judge, Vadodara in Regular Civil Suit No.3852 of 2015 (Old Special Civil Suit No.251 of 2007) on 18/4/2018.
(2.) The appellant is the original plaintiff and the respondents are the original defendants before the trial Court. For the brevity and convenience, the parties are referred to in this judgment as per the character assigned to them before the Trial Court i.e. as "Plaintiff" and "Defendants".
(3.) The brief facts of the case of the plaintiff is that the father of the defendant No.1 - deceased Bhagvanbhat Mathurbhai Patel was the owner of agricultural land bearing Revenue Survey No.113/1 ad-measuring 0/91/5 H.R.A.Sq. Mtr. of old tenure land situated at Village Atladara. That the deceased was cultivating the said land by and it was in the ownership and possession of the defendant Nos.1 to 4 after the death of the father of the defendant No.1. That out of this land, the defendant No.1 decided to sell her share of undivided land ad-measuring H.R.A. 0- 22-76 (Sq. Mtr) to the plaintiff on 17/5/2007 by an Agreement to Sell. That the plaintiff had paid a sum of Rs.2.00 lacs to the defendant No.1 by installments and also given a cheque bearing No.412422 dtd. 12/5/2007 for Rs.25,000.00 drawn on Bank of Baroda, Raopura Branch and has also given another cheque No. 412423 dtd. 16/5/2007 for Rs.25,000.00 drawn on the same Bank at the time of executing the Agreement to Sell.
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