( 1 ) THE judgment and the decree passed by the learned Joint civil Judge (S. D.) at Surat on 3/11/1977 in Special Civil Suit no. 207 of 1975 are under challenge in this Civil Appeal at the instance of the original plaintiff under Sec. 96 of the Code of Civil Procedure, 1908 (the Act for brief ). It needs no telling that the appellants suit has come to be dismissed thereunder.

( 2 ) THE facts giving rise to this appeal are not many and not much in dispute. One Dawoodbhai Jafarbhai Daginawala (the deceased for the sake of convenience) was a Partner in the Partnership Firm in the name and style of Johar Estate Corporation (the Partnership Firm for convenience) along with respondents Nos. 1, 2 and 4 herein. The Partnership Firm was dealing in lands. The appellant claims to have agreed to purchase plots Nos. 8 to 14 from Survey Nos. 276/1 and 277/1 situated in Udhna from the partnership Firm on the consideration amount of Rs. 8,000. He is stated to have paid the entire consideration on 31/03/1970 under the receipt at Exh. 49 on the record of the trial Court. It appears that the deceased breathed his last some time in 1973. It appears that plots nos. 9 and 12 were sold