ORDER

In C.A. No. 1362/1980:

It is the plaintiff s appeal. Shri Ramji Mandir Narsinhji Tekri Trust (hereinafter referred to as the Trust ) is registered under the Bombay Public Trust Act, 1950. On 30-7-1969, the Trust entered into an agreement with one Nanubhai Jogibhai Desai for granting lease for a period of 50 years in respect of Survey No. 262 having an area of 149150 square feet. Subsequently, on 19.11.1969, the plaintiff was registered under the Gujarat Cooperative Societies Act, 1961 (hereinafter referred to as the Act ). It appears that after the plaintiff was registered, the respondent-Trust prepared a draft lease in favour of the plaintiff but the same was not executed. It appears that Nanubhai Jogibhai Desai is one of the promoters of the plaintiff. In that view of the matter, Society wrote to the Trust for execution of the lease deed in pursuance of the agreement dated 30.7.1969 in their favour. It further appears that the Trust avoided to execute the lease deed. Under such circumstances, the plaintiff-Society filed a suit for specific performance of agreement dated 30.7.1969. The suit was contested by the Trust. However, the trial Court decreed the suit. The Trust file