BHASKAR BHATTACHARYA)

1. This First Appeal is at the instance of plaintiffs in a suit for specific performance of contract and other relief and is directed against the judgment and decree dated June 13, 2011 passed by the 3rd Joint Civil Judge [Senior Division] at Vadodara in Special Civil Suit No. 1016 of 1999 thereby dismissing the suit on the ground of res judicata.

2. Being dissatisfied, the unsuccessful plaintiffs have come up with the present First Appeal.

3. The following facts are not in dispute.

The land in dispute originally belonged to one Ranchhodbhai Khushalbhai. On 25th November 1968, an apparent sale-deed was executed by the said Ranchhodbhai Khushalbhai in favour of one Fakirbhai Jibhai, predecessor-in-title of the present plaintiffs. In the said registered deed of sale, there was a clause that if Ranchhodbhai Khushalbhai, after completion of 5 years returns the sum mentioned in the deed to the purchaser, the purchaser would be bound to return the land to the seller. Subsequently, Ranchhodbhai Khushalbhai died and in the year 1974, there was a fresh agreement for sale between Fakirbhai Jibhai and the defendants by which the price of the selfsame land was fixe