KESHAVLAL SENGHARAM PRAJAPATI Vs. DAHIBEN

JUDGEMENT

(1.) This Appeal is filed by the original plaintiff and is directed against the concurrent findings of both the Courts below. The plaintiff had filed Regular Civil Suit No. 195 of 1996 in the Court of Senior Civil Judge, Ahmedabad (Rural) and had prayed for specific performance for an agreement to sale and injunction. The said suit was dismissed by the 6th Additional Senior Civil Judge, Ahmedabad (Rural) vide judgment and decree dated 02.05.2008. This was challenged by the original plaintiff before the District Court by filing Regular Civil Appeal No. 26 of 2008. The said Appeal is dismissed by the 8th Additional District Judge, Ahmedabad (Rural) vide judgment and decree dated 31.08.2015. It is this judgment and decree which is challenged by the original plaintiff in this Second Appeal.

(2.) Mr. S. I. Nanavati, learned senior advocate for the appellant has submitted that both the Courts below fell in error by not granting the reliefs as prayed for. It is noted that learned senior advocate for the appellant has taken this Court extensively through the record and the findings recorded by both the Courts below, more particularly by the Appellate Court below. He has also referred to the Civil Application No. 10509 of 2016 and the documents annexed therewith, including sale deed dated 15.12.2003. He has also referred to the provisions of the Limitation Act. It is submitted by him that substantial questions of law arise for consideration of this Court and this Appeal be entertained. In support of his submissions, learned senior advocate for the appellant has relied on the decision of this Court in the case of Kiritbhai Chhaganbhai Vekaria V.s Jagdishbhai Bhanubhai Bhadani, 2009 2 GLH 467. Reliance is also placed on the following decisions of the Supreme Court of India.

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