D. C. SRIVASTAVA, J.

( 1 ) THE above-mentioned First Appeal and the two civil applications are proposed to be disposed by a common judgement and order. The First Appeal has been filed against the judgement and decree dated 2. 12. 1987 of Civil Judge (S. D.), Vadodara, dismissing the suit of the plaintiff-appellant for specific performance of agreement to sell, executed by the defendants nos. 1 and 2 on 1. 2. 1979. The brief facts giving rise to this appeal are as under:-

( 2 ) ON 1. 2. 1979 the defendants nos. 1 and 2 along with the defendants nos. 3 to 8 executed an agreement to sell the land belonging to exclusive ownership, possession and enjoyment of the defendants. The area of the land agreed to be sold was 37,371 sq. ft. of Survey No. 17/2, which is wrongly mentioned in the plaint as Survey No. 10/2 of village Manjalpura, District Vadodara, at the rate of Rs. 5. 81 per sq. ft. A sum of Rs. 10,001 was paid as earnest money to the defendants. The boundaries of the land to be sold are given in paragraph 1 of the plaint. The defendants nos. 1 and 2 at the time of execution of agreement to sell gave assurance that they have right to sell on behalf of the defendants nos. 3 to 8 and t

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