( 1 ) SHOULD the appellants be granted or not the decree for specific performance of an agreement to sell, dated 8-12-1977 (Exh. 71), in respect of a land bearing Survey No. 354/2, situated in Gondal, Rajkot District which is an agricultural land, admeasuring about 7 acres, is the central theme of the present appeal.

( 2 ) THE appellants are the original plaintiffs who initiated legal battle, by filing special Civil Suit No. 76 of 1978, in the Court of Civil Judge (S. D.), Gondal, for specific performance of the aforesaid agreement to sell (Exh. 71), and in the alternative claimed a decree for Rs. 1,00,000. 00, by way of compensation or damages, for breach of the agreement, including refund of Rs. 15,000. 00, paid by them as earnest money against the respondents, who are the original defendant Nos. 1 to 5.

( 3 ) DEFENDANT Nos. 1 to 4 filed their written statement, at Exh. 16, inter alia, contending that, they are impleaded, unnecessarily, only on the ground that they are office-bearers of the original defendant No. 1-Society. Defendant No. 5 - Firm filed its written statement, at Exh. 19, raising various contentions. It also adopted the written statement, Exh. 18 of