KAVASBHAI JAL WYKES Vs. MUZAFFAR AHMED KAZI

JUDGEMENT

(1.) THE appellant original-defendant No. 3 has filed Second Appeal under Section 100 of the Civil Procedure Code challenging the judgment and order dated 8th April,2008 passed by the learned Presiding Officer,fast Track Court No. 8 at Vadodara in Regular Civil Appeal No. 141 of 2005, by which the appeal preferred by the appellant has been dismissed and the judgment and decree dated 3rd October,1996 passed by the learned 4th Joint Civil Judge (SD),vadodara in Special Civil Suit No. 99 of 1988 has been confirmed.

(2.) HEARD Mr. N. K. Majmudar,learned advocate appearing for the appellant and perused the orders and judgments passed by the Courts below.

(3.) BRIEF facts giving rise to the present appeal are that the present respondent No. 1 filed the suit against the appellant and respondent Nos. 2 to 6 for specific performance of the contract, which was decreed in favour of the respondent No. 1/original-plaintiff. The appellant and the respondent Nos. 2 to 6 are real brothers and sisters and the suit property was the joint ownership property of the appellant and respondent Nos. 2 to 6. The appellant and the respondent Nos. 2 to 6 had agreed to sell the suit property at Rs. 90,000/- to the respondent No. 1/original-plaintiff and, therefore, they had executed agreement for sale on 29. 7. 1983 in favour of respondent No. 1, which was also registered before the Sub-Registrar,vadodara at Sr. No. 4560. At the time of execution of the agreement for sale, respondent No. 1 had paid Rs. 14,000/- to all the defendants i. e. Rs. 86,000/- as an earnest money and the remaining amount of Rs. 4000/- was to be paid at the time of execution of registered sale deed.