JAYANTILAL HANSRAJ SHAH Vs. HEMKUNVERBEN DOLATRAI DAVE

JUDGEMENT

(1.) This Civil Revision Application which is instituted under Sec. 115 of the Code of Civil Procedure is directed against the order dated 10/12/1993 passed by the learned District Judge, Jamnagar below Exh. 1 in Civil Misc. Application No. 2 of 1993 by which the application submitted by the petitioners as 'Third Party' seeking leave to file an appeal against consent decree dated 18/11/1993 passed by the learned Civil Judge (S.D.), Jamnagar in Regular Civil Suit No. 740 of 1986, is rejected.

(2.) There is a plot of land admeasuring about 4 Acres 22 Gunthas forming part of Revenue Surevey No. 1488 situate within the limits of Jamnagar City. The said land was originally owned and possessed by Late Maharaja Shri Indravijaysinhji Dilawarsinhji Jadeja and others. Out of the said land, land admeasuring about one Acre was donated to one Dolatram Mulshanker Dave by gift deed dated 16/11/1963. After the death of Shri Indravijaysinhji, the opponent Nos. 6 and 7 herein became the owners of the said land as legal heirs of deceased Indravijaysinhji Jadeja. There was a dispute regarding legality of the gift deed dated 16/11/1963. The opponent Nos. 1 to 5 as heirs and legal representatives of Dolatram Mulshanker Dave instituted Regular Civil Suit No. 740 of 1986 in the Court of learned Civil Judge (S.D.), Jamnagar against the opponent Nos. 6 and 7 for declaration and injunction.

(3.) It is evident that Late Maharaja Shri Indravijaysinhji had executed an agreement to sell the land owned by him on 10/07/1980 in favour of the petitioners and the price fixed was Rs. 25.00 per sq. ft. It is the case of the petitioners that the petitioners had paid an amount of Rs. 81,000.00 by way of earnest money to the vendor at the time of execution of the agreement for sale.