MANHARLAL THAKORELAL GANDHI Vs. ASHOKBHAI HIRALAL SHAH @ HIRANI

JUDGEMENT

(1.) When the Civil Application for interim relief pending the First Appeal was taken up for arguments, learned counsel Shri Dhaval Vyas for the original plaintiffs raised a preliminary objection of maintainability of the First Appeal. His contention was that the appellants original defendants no. 6 to 8 had succeeded in the suit. Suit of the plaintiffs was dismissed. The appellants cannot maintain the appeal only in order to decide an adverse finding.

(2.) We have heard learned counsel for the parties at a considerable length. It would be necessary to record brief facts. Plaintiffs had filed Special Civil Suit No.18/2011 for specific performance of an agreement to sale dated 2.12.1992 of landed property situated at Navsari. According to the plaintiffs, the defendants had agreed to sale the suit lands for consideration of Rs. 82,92,680/-. Substantial portion thereof i.e. Rs. 81,53,400/- was already paid over. The plaintiffs were in possession of the property for which possession receipt was issued on 8.6.1995. The suit was opposed strongly by the defendants. They did not dispute the execution of agreement to sale or receipt of substantial sale consideration. They however contended that they continued to be in possession of the suit lands and the plaintiffs did not pay the remaining sale consideration. They also pressed limitation in service. The trial Court raised the following issues :

(3.) The trial Court answered the issues as under :