M. R. SHAH, J. Present Second Appeal under Sec. 100 of the Code of Civil Procedure has been preferred by the appellant-original plaintiff to quash and set aside the impugned judgment and order dated 7-5-2007 passed by the learned Additional District Judge, Bhavnagar Camp at Mahuva in Regular Civil Appeal No. 115 of 2005, by which the learned Appellate Court has dismissed the said appeal confirming the judgment and decree dated 12-8-1996 passed by the learned 3rd Joint Civil Judge, Senior Division, Bhavnagar in Special Civil Suit No. 124 of 1983.

2. The appellant herein-original plaintiff No. 2 had instituted Special Civil Suit No. 124 of 1983 in the Court of learned Civil Judge (S.D.), Mahuva against the respondents herein-original defendants, for specific performance of the contract dated 18-6-1981. It was the case on behalf of the plaintiff that the defendants are owners of land bearing Revenue Survey No. 248 paiki admeasuring 4 acres and 16 gunthas situated at Mahuva. That the plaintiff No.2 is a registered Co-operative Society registered on 3-6-1982. The defendants agreed to sell the suit land to the plaintiff No. 1 by agreement-to-sale dated 18-6-1981 for Rs. 23,501/- a