LILIBEN RAVJIBHAI Vs. BAVAJI KESHAVDAS VAJERAM

JUDGEMENT

(1.) AGAINST the judgment and order dated 28th February,1994, passed by the learned Joint District Judge, Bhavnagar in Regular Civil Appeal No. 24 of 1988, the present appeal is preferred invoking jurisdiction of this Court under section 100 of the Code of Civil Procedure, 1908.

(2.) THE appellant is the original plaintiff whose Regular Civil Suit No. 20 of 1983 for specific performance of contract came to be decreed on 24th December, 1987, by Learned Civil Judge (J.D.), Gadhada, and the defendant-respondent herein was directed to execute the sale deed. Regular Civil Appeal preferred by the defendant came to be partly allowed by the first appellate court setting aside the decree, and directing the defendant to pay Rs. 5430/- with 12% interest from 26th March, 1970 till realization.

(3.) AT the time of admission of this appeal, this court formulated the following substantial questions of law for consideration and determination.