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2011 Supreme(Guj) 273

BELA TRIVEDI
ASHABHAI DHULABHAI PATEL – Appellant
Versus
PATEL SHARDABEN WD/O CHANDULAL ISHWARBHAI – Respondent


Advocates Appeared:
MS MEGHA JANI for Appellant MS MAMTA R VYAS for Respondents

JUDGMENT

1. This Second Appeal, filed under Section 100 of the Civil Procedure Code, is directed against the judgment and order dated 18th October, 2010 passed by the learned Additional District Judge, Ahmedabad (Rural), (hereinafter be referred to as “the Lower Appellate Court”) in Regular Civil Appeal No.62 of 2005, whereby it has confirmed the judgment and decree dated 23.10.1981 passed by the learned Civil Judge (S.D.), Narol (hereinafter be referred to as “the Trial Court”) in Special Civil Suit No.175 of 1979.

2. The facts in nutshell, giving rise to the present appeal are that the present appellant (original plaintiff) had filed the suit being Special Civil Suit No.175 of 1979 against one Chandulal Ishwarbhai Patel (original defendant and the predecessor of the present respondents), seeking specific performance of the Agreement dated 18.05.1978 (hereinafter be referred to as “the said agreement”) executed by the said defendant in favour of the plaintiff, for the sale of agricultural lands bearing Survey Nos.82/4 and 83, admeasuring 10 Gunthas and 9 Gunthas respectively, situated at Village : Narol, District, Sub-District, Taluka : Ahmedabad (hereinafter be referred to as “the































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