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2000 Supreme(Guj) 748

D.C.SRIVASTAVA
GUNVANTLAL RATANCHAND – Appellant
Versus
RAMESHBHAI P. PATEL – Respondent


Advocates Appeared: M.K.VAKHARIA, MUKUND M.DESAI, P.V.NANAVATI

D. C. SRIVASTAVA, J.

( 1 ) THE plaintiffs-appellants have filed this First Appeal against the judgement and decree dated 31st January 1984 of Civil Judge (SD), Narol, partly dismissing the suit of the plaintiffs-appellants for specific performance of the agreement to sell but partly decreeing the suit of the plaintiffs-appellants against the defendants nos. 8 to 12 directing them to refund the earnest money of Rs. 20,000. 00 received by them from the plaintiffs with interest at the rate of 12% per annum from the date of the suit till realisation. The suit of the plaintiffs-appellants was dismissed against the defendants nos. 1 to 7.

( 2 ) THE brief facts giving rise to this appeal are as follows:-

( 3 ) TWO plots bearing Nos. 236/2 and 234/2 admeasuring 7986 sq. yards are situated in village Bodakdev, Taluka Dascroi, District Ahmedabad. These plots were owned by Parshottam Babarbhai Patel. These plots were undivided joint hindu family property. Defendants Nos. 1 to 4 and deceased Parshottamdas Babarbhai Patel executed an agreement to sell in favour of the defendants nos. 8 to 12 on 29. 11. 1971. Tweleve months period was fixed for execution of the sale deed. Thus, the sale deed was t








































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