( 1 ) BY filing this Appeal under Section 96 of the Civil Procedure Code, the appellants have challenged the judgement and decree of of the learned Judge, City Civil Court, Ahmedabad dated 15-2-1994 passed in Civil Suit No. 3399/1985. By the aforesaid judgement and decree, the learned trial Judge has dismissed the suit filed by the appellants " plaintiffs for getting decree for specific performance of the suit agreement. It is the case of the plaintiffs that there is a property belonging to the defendants no. 1 to 3, which is situated in Dariapur Ward No. 1 in Bukhara Mohalla, description of which is given in para 1 of the plaint. The plaintiffs were occupying first floor in the suit house as tenants. The said tenanted portion is having Municipal Census no. 2724/1 and 2724/2. It is the case of the plaintiffs that they were occupying the aforesaid portion as a tenant of defendant nos. 1 to 3. It is the case of the plaintiffs that defendants no. 1 to 3 wanted to sell the suit property and, therefore, they executed an agreement to sell in favour of the plaintiffs on 28-5-1982 and earnest money of Rs. 2,800/- was paid by the plaintiffs to said defendants No. 1 to 3. As per the case of

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