Judgment

S.B. MAJMUDAR, J. :- Leave granted.

2. By consent of learned advocates of parties the Civil Appeal is heard finally and is being disposed of by this judgment. This appeal arises out of the judgment of High Court of Gujarat dismissing First Appeal No. 803 of 1982 and confirming the judgment and decree dated 2nd May 1981, passed by the learned Civil Judge, Senior Division, Bharuch in Special Civil Suit No.22 of 1977. The appellants before us are the heirs of original plaintiff while the respondents are the original defendants. We will refer to the appellants and respondents as plaintiff and defendants respectively for the sake of convenience in the latter part of this judgment.

3. A few relevant facts for highlighting the grievance of the plaintiff are required to be noted at the outset. The original plaintiff Induben Nalvade who died during the pendency of proceedings before the High Court and who is represented by her heirs, the present appellants, had filed Special Civil Suit No. 22 of 1977, in the Court of learned Civil Judge, Senior Division, Bharuch for specific performance of an agreement dated 16th July 1974, executed by defendants in her favour for sale of the suit pro