PATEL AMITKUMAR BHAGWANBHAI Vs. THAKOR JHEMABEN

JUDGEMENT

(1.) The present Second Appeal has been filed under Sec. 100 of the Code of Civil Procedure, 1908 (for short "the Code") challenging the judgement and decree passed by the 3rd Additional District Judge, Patan, in Regular Civil Appeal no.14 of 2015, vide order dtd. 31/12/2024 whereby the appeal filed by the plaintiff has been dismissed and the judgement and decree passed in Regular Civil Suit no.131 of 2013 has been confirmed.

(2.) For the sake of brevity and convenience, the parties are referred to as per their original status as that in the suit.

(3.) The brief facts arising in the present case are that the plaintiff filed Regular Civil Suit No.131 of 2013, on the ground that, the ancestors of the plaintiff entered into an agreement to sell with the ancestors of the defendant on 16/5/1980 and pursuant to the said agreement to sell, the possession of the property was handed over to the father of the plaintiff and at the time of entering into said agreement to sell, the suit property was new tenure land and it was specifically agreed that the defendants shall convert the suit property from new tenure to old tenure and thereafter execute the sale deed and therefore, the plaintiff has filed the suit for specific performance of an agreement executed in the year 1980 with respect to the property which was a new tenure land at the time of execution of agreement to sell. The Trial Court framed issues vide Exhibit 32 as under: