A.K. SIKRI, J.:–First, the facts and events in chronological order, as reading of these facts will facilitate proper understanding of the issues that have cropped up in the instant appeal of the dispute between the parties.

One Jeevandas was the owner of a part of property bearing plot Nos. 109 to 112, which was demarcated and known as sub-plot No.10 of the said plot. This sub-plot measures 828 square yards and is situated outside Shanpur Darwaza, Mahendi Kuva Road, Ahmedabad. Jeevandas executed a sale deed in respect of this plot (hereinafter referred to as the ‘suit property’) in favour of one Kantibhai (for short ‘Kanti’) on 16.04.1959 for 99 years, of which yearly rent fixed was Rs.1860/-. This lease deed also provided an option to the lessee to purchase the suit property. The lessee (Kanti) executed an Agreement of Sell dated 15.07.1974 in respect of the suit property in favour of one Jitenderkumar Nanjibhai (for short ‘Jitender’) at a total consideration of Rs.1,85,001/-. The purchaser paid earnest money of Rs.25,000/- at the time of execution of the said Agreement to Sell. This agreement further provided that the sale deed would be executed within a period of five months from