DHIBI SHANKARJI SHAMALJI Vs. PATEL RATILAL RAMBHAL

JUDGEMENT

(1.) THIS appeal arises from a suit filed by the plaintiff to obtain specific performance of an agreement of sale and, in the alternative, for damages for its breach. The facts leading up to the suit may have to be stated in some detail.

(2.) ONE Bai Kesar, widow of Kishore Muljibhai Patel, was the owner of a land bearing s. No. 384, admeasuring 9 acres and 36 gunthas of which 3 Gunthas were Kharab. On 11-6-1931, Bai Kesar sold a portion of Survey No. 384 admeasuring 3 acres and 18 gunthas to one Jesaji Chhotaji. On 21-1-1932 Bai Kesar sold to the defendant a portion of that survey number admeasuring 6 acres and 12 gunthas for Rs. 13,479-4-0. In 1940, Bai Kesar sold a portion of that very land admeasuring 6 gunthas to one Hargovind for Rs. 2,000/ -. Then on 5-1-1946, Jesaji Chhotaji sold the land purchased by him in 1931 to one Chandulal and one Amrutlal.

(3.) THE defendant who has become the owner of a portion of S. No. 384 admeasuring 6 acres and 12 gunthas, entered into two transactions with one Bhailal Purshottam. Thus, in 1939 the defendant sold to Bhailal Purshottam a portion of the property purchased by him. In 1941, the defendant sold again to Bhailal Purshottam a portion of the property purchased by him and finally on 16-1-1944 the defendant entered into an agreement with Bhailal agreeing to cell to the latter 2,000 sq. yards at the front and 3,000 sq. yards at the rear. This agreement led to suit No. 127 of 1949 by Bhailal to enforce the agreement.