ASHOKKUMAR JAYANTILAL SHETH AND ORS Vs. HEIRS OF DECEASED NARMADABEN WIDOW OF NARANBHAI RAMDAS PATEL & 8

JUDGEMENT

(1.) IT was on the following substantial questions of law that the present group of Appeals were admitted by this Court.

(2.) ALL the four Second Appeals are cognate, arising from four different Special Civil Suits decided by the Trial Court by common judgment, which being subjected to four different Regular Civil Appeals, the first appellate court decided the Appeals simultaneously passing common judgment and order. They involved common facts and identical issues. They were accordingly heard together and are being decided by this common judgment.

(3.) IN the Suits of the appellants -plaintiffs for specific performance, the suit property which was subject matter of agreement to sell between the parties was Survey No.354/1 admeasuring 1 Acre and 31 Gunthas situated at Village Manjalpur, District - Vadodara, subsequently forming part of Town Planning Scheme No.19 and converted into Final Plot No.347. The original owner of the said property was one Naranbhai Ramdas Patel. He with others -respondent Nos.2 to 5 herein - executed agreement to sell dated 11th March, 1996 in favour of respondent Nos. 6 to 9 -original defendant Nos.6 to 9, which was a registered document. Defendant Nos.6 to 9 thereafter entered into another agreement dated 14th September, 1987 in favour of the appellants herein. Four different agreements in respect of total land divided into four portions were entered into. The appellants -plaintiffs claim that they were the assignees of the right under the said agreement dated 14th September, 1987, and were entitled to seek specific performance of contract in their capacity of assignees and representatives -in -interest. The two agreements of 1986 and 1987 are referred to in their details hereinafter.