JITENDRASINH MOHANSINH PARMAR Vs. AMBABEN RAMBHAI PATEL

JUDGEMENT

(1.) The present appeal concerns land bearing plot No. 354 situate at city Silvassa within the territory of Dadra and Nagar Haveli. The original appellant Dr. Jitendrasinh instituted the suit for specific performance in regard to land admeasuring 4 Are out of Plot No. 354 in the Court of Civil Judge, Dadra Nagar Haveli, Silvassa being Special Civil Suit No. 1 of 1986. The learned Civil Judge, Dadra and Nagar Haveli, Silvassa (hereinafter referred to as the learned trial Judge") decided the suit and by judgment and decree dated 27th February, 1990 declined to grant specific performance in regard to the suit land i.e. 4 Are. The learned trial Judge directed the present respondents to pay to the original appellant Rs. 16,000/- being the amount paid by the original appellant. The said amount of Rs. 16,000/- was paid as and by way of consideration to the respondents. Interest was also granted in terms of Item No. 3 of judgment dated 27th February, 1990. This judgment dated 27th February, 1990 is challenged in this first appeal. It may be noted that during the pendency of this appeal, original appellant Dr. Jitendrasinh expired and his heirs were brought on record as appellants. Few facts necessary for the disposal of this appeal are as under.

(2.) According to the appellants, the respondents claimed that they were the owners in respect of Plot No. 354 and by agreement dated 22nd April, 1983 respondents agreed to sale to the original appellant 4 Are of land i.e. the suit property. According to the original appellant a sum of Rs. 16,000/-was paid to the respondents but the respondents did not comply with their contractual obligation and that is why the original appellant was required to institute the suit as mentioned aforesaid. The respondents contested the suit by denying the execution of the agreement and other related aspects.

(3.) At trial, the original appellant stepped into the witness box. In addition to that the brother of original appellant Mr. Surendrasingh was examined as D.W-3. Witnesses were examined on behalf of the respondents and original defendant No. 7 Govindbhai Ramabhai Patel also stepped into the witness box. After considering the entire record, the learned trial Judge decreed the suit as mentioned aforesaid.