NATUBHAI DHIRUBHAI NAIK Vs. ALKESHBHAI KASHIRAM PATEL

JUDGEMENT

(1.) Present appeal is filed by the appellants (original defendants) under Sec. 96 of the Civil Procedure Code 1908, challenging the judgment and decree dtd. 31/12/2007 passed by the learned 2nd Additional Senior Civil Judge and J.M.F.C, Navsari (hereinafter referred to as the "trial Court") in Special Civil Suit No.3 of 2005 whereby the trial Court has decreed the suit filed by the original plaintiff and directed the defendants to execute sale deed of suit land described in plaint para (2) bearing block no. 2409 admeasuring 4 Hectors 17 Are 74 sq. mtrs situated in the sim of village Abrama by accepting balance amount of Rs.3,59,517.00 within one month from the date of judgment.

(2.) The respondents herein - plaintiffs (father and son) instituted the suit seeking specific performance of an agreement to sell dtd. 17/2/2004, and permanent injunction in respect of agricultural land bearing Block No. 2409, Nos.1 and 2, admeasuring 4 Hectares, 17 Ares and 84 sq.mtrs., situated at village Abrama. Taluka Jalalpur, District Navsari. The defendants are real brothers and recorded owners of the suit land.

(3.) Heard Mr. Jaal Unwala, learned Senior counsel assisted by Mr. Shivang M. Shah, learned counsel for the appellants and Mr. Chinmay M. Gandhi, learned counsel for the respondents.