POPATJI BABJI THAKOR Vs. MANUBHAI CHIMANLAL SHAH

JUDGEMENT

(1.) THE appellants - ori. defendants Nos. 5 to 10 have filed this Second Appeal under Section 100 of the Civil Procedure Code challenging the judgment and decree passed by the learned Additional District Judge, Mehsana on 15. 3. 2007 in Regular Civil Appeal No. 87 of 2005 whereby the learned Additional District Judge, Mehsana has allowed the Appeal filed by the ori. plaintiff and passed a decree for specific performance in favour of the plaintiffs.

(2.) IT is the case of the original defendants Nos. 5 to 10 that the plaintiffs Nos. 1 and 2 had filed a Suit for specific performance in respect of an agreement to sell allegedly executed by the defendants Nos. 5 to 10 in favour of the ori. defendants Nos. 1 to 4 and also asked for a specific performance in respect of an agreement to sell executed by original defendants Nos. 1 to 4 in favour of the plaintiffs. Both the agreements were entered into in respect of the new tenure land and hence the specific performance of agreement to sell could not be granted in the eye of law.

(3.) IT is also the case of the defendants Nos. 5 to 10 that after hearing the parties, the trial Court has dismissed the suit of the plaintiffs and refused to pass decree for specific performance and exercised the discretion on the equitable principles in favour of the defendants Nos. 5 to 10. It is also their case that there was no privity of contract between the plaintiffs and the defendants Nos. 5 to 10 and, therefore, the ori. plaintiffs have no right to seek specific performance of agreement to sell from the defendants Nos. 5 to 10. The trial Court has dismissed the suit of the plaintiffs by judgment and decree dated 25. 10. 1999 in Special Civil Suit No. 68 of 1995.