( 1 ) THE appellants herein are the original defendants No. 2 to 4 of Special Civil Suit No. 41/2006, which is filed by the plaintiff against them as well as against respondent No. 2 Vikrambhai Chimanbhai Patel for specific performance of the suit agreement as well for revocation of the registered sale deed executed by defendant No. 1 in favour of defendants no. 2 to 4.

( 2 ) THE case of the plaintiff is that defendant No. 1 is the owner of the property situated at Dascroi taluka of Ahmedabad district, bearing survey no. 280, admeasuring 5868 sq. mtrs. Defendant no. 1 had agreed to sale the aforesaid land and for that an agreement to sale was executed by defendant no. 1 in favour of the plaintiff for Rs. 4. 50 lacs and said agreement to sale was executed on 22nd January, 2004, which was ultimately notarized on 30th April, 2004. As per the said agreement, the sale deed was to be executed within 36 months and at the time of executing said document, the plaintiff had paid Rs. 1 Lacs by cash to defendant no. 1. It is mentioned in the plaint that said part consideration of Rs. 1 Lac was paid in cash by various installments. Defendant no. 1, thereafter, executed a sale deed in favour of

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