RANCHHODBHAI LILABHAI DESAI Vs. PRAKASH DEVSHIBHAI & 10

JUDGEMENT

(1.) This appeal is filed by the original plaintiff. He has challenged the judgment and decree passed by the learned Additional Senior Civil Judge, Ahmedabad (rural), dated 28.02.2017 in Special Civil Suit No. 274 of 2016. By such judgment, learned Judge was pleased to allow application Exh.11 filed by the original defendants for rejection of the plaint under Order 7 , Rule 11 of Civil Procedure Code.

(2.) Brief facts are as under :

(3.) According to the plaintiff, thereafter a total amount of Rs. 40,69,000.00 was paid over to the defendant Nos. 1 and 2 in presence of witnesses towards sale consideration for 3.36 vighas at the rate of Rs. 12,11,000/per vigha. The plaintiff further averred in the suit that besides the suit land bearing block No. 1347, the defendants had also agreed to sale other lands in the same vicinity bearing block Nos. 1348 and 1368 and in fact sale deeds were also executed with respect to the said two parcels of land. However, with respect to the suit land, since division could not be effected, sale deed was not executed. Subsequently, the division of the land was also made. However, the defendant Nos. 1 and 2 entered the names of other family members so that they may not have to sale the land to the plaintiff. According to the plaintiff, suppressing the oral agreement and the document dated 10.11.2004 reducing such understanding in writing, the defendants got an advertisement published in the local newspaper on 20.05.2016 through their advocate seeking title clearance of the suit land. The plaintiff raised objections through his advocate on 23.05.2016. The plaintiff therefore filed the said suit seeking specific performance to sale the suit land to the plaintiff.