JAYESH ENTERPRISES Vs. FAKIRCHAND CHAMPAKLAL SHAH

JUDGEMENT

(1.) In this revision under Sec. 115 of the Code of Civil Procedure, 1908 (Code), the petitioners (third parties) have questioned the order passed below Exh. 137 on 20-7-1994 in Special Civil Suit No. 101 of 1989 recorded by the learned Fourth Joint Civil Judge (S.D.), Surat.

(2.) The opponent No. 1 herein instituted aforesaid Civil suit for specific perfornance of the contract on 8th February 1989 inter alia contending that opponent No. 1 had entered into an oral agreement with the original defendants on 7th July 1987 by paying an amount of Rs. 25,000.00 for purchase of suit property and that the original defendants failed to perform the terms and conditions of the agreement. The suit for specific performance of the said agreement was required to be filed.

(3.) The petitioner No. 1 herein is a Registered Partnership Firm and other petitioner Nos. 2 to 5 are its partners. According to the petitioners' case, they have also entered into an agreement for sale in respect of the same property like that of the suit property on 21st January 1989. The agreement was executed by one Narsinhbhai Patel for sale of Survey No. 348 admeasuring 1,720 sq. metres (suit property) in favour of one Mr. K. T. Desai and Jayaben Dalwadi. The said agreement came to be registered on 24th January 1989. After the death of said Narsinhbhai Patel, the executant of the agreement to sell on 29th August 1991 the right, title and interest in the aforesaid agreement of sale were assigned in presence of the petitioners and the said assignment of deed came to be registered on 19th January, 1990.