PATEL HARJI SHAMJI Vs. DHARMSHI MEGHJI SHIVLA SINCE DIED THROUGH LEGAL HEIRS AND REPRESENTATIVE BIPIN DHARAMSINH SAVLA

JUDGEMENT

(1.) This second appeal under section 100 of the CPC is at the instance of the original defendants Nos.1 to 6 and is directed against the judgment and order dated 31st March, 2018 passed by the 9th (Ad-hoc) Addl. District & Sessions Judge, Kutch at Bhuj in the Regular Civil Appeal No.1 of 2015 arising from the judgment and decree dated 15th December, 2014 passed by the Principal Senior Civil Judge, Bhuj-Kutch in the Special Civil Suit No.60 of 2000 filed by the respondent herein-original plaintiff for specific performance of contract based on an agreement of sale.

(2.) It appears from the materials on record that the plaintiff instituted a suit against the defendants, seeking specific performance of contract based on an agreement of sale dated 29th June, 1995, Exh.112. The agreement of sale is with respect to the land bearing Revenue Survey No.101, situated at village Bidada, Taluka: Mandvi, District: Kutch, admeasuring 4 acres and 9 gunthas. The suit property is recognized as "Shelorvadi". The suit property was purchased by the appellants herein-original defendants from one Mohanlal Dhanji Punja vide registered sale deed dated 27th January, 1987. The land in question came to be converted to nonagricultural land vide order dated 6th January, 1988 passed by the Taluka Development Officer, Mandvi, Kutch. The original plaintiff decided to purchase the suit property and the defendants agreed to sale the suit property for a total sale consideration of Rs.4,03,273/-. It is not in dispute that an amount of Rs.10,011/- came to be paid to the defendants by the plaintiff towards the earnest money.

(3.) The original plaintiff received a notice dated 31st December, 1999, Exh.125 from the defendants calling upon the plaintiff to perform his part of the obligation and get the sale deed executed in his favour. The notice issued by the defendants to the plaintiff dated 31st December, 1999, Exh.125, reads as under;