( 1 ) THE petitioner herein is the original defendant and the opponent is original plaintiff. The plaintiff had filed a suit being Regular Civil Suit No. 78 of 1966 which was pending for hearing and final disposal in the Court of the learned Third Joint Civil Judge (Junior Division) at Rajkot. The averment in the plaint was that the plaintiff had entered into an agreement to purchase 12 plots of non agricultural land of Survey No. 443 which plots were situate on Kalawad Road in Rajkot and the defendant was the owner and was in possession of the said land. It was contended by the plaintiff that the defendant had entered into an agreement on March 27 1964 with the plaintiff to sell 12 plots of land aggregating in all to 5280 sq. yd. out of Survey No. 443 to the plaintiff and the plaintiff had paid a sum of Rs. 4 0 as earnest money towards that agreement to purchase. It was agreed between the parties that the plaintiff should get the conveyance of the said land executed in his favour by paying the balance of the consideration within sixty days from March 27 1964 The price that was agreed upon between the parties was Rs. 6/per sq. yd. The conveyance was not obtained by t