MR.JUSTICE KS JHAVERI

1. We have heard learned Counsels appearing for the parties.

2. The appellant herein has challenged the order dated 13.09.2000 passed by the learned Single Judge in First Appeal No. 1879 of 1984 whereby the learned Single Judge confirmed the judgment of the trial court holding that the ratio laid down by the Division Bench is not applicable looking to the facts and circumstances of the case that one of the plots was in agricultural zone governed by the Bombay Tenancy and Agricultural Lands Act for which the Prant Officer had refused to grant permission for sale vide Ex. 87 dated 29.08.1972.2.The brief facts giving rise to this appeal are as follows:-

2.1 Two plots bearing Nos.236/2 and 234/2 admeasuring 7986 sq. yards are situated in village Bodakdev, Taluka Dascroi, District Ahmedabad. These plots were owned by Parshottam Babarbhai Patel. These plots were undivided joint hindu family property. Defendants Nos.1 to 4 and deceased Parshottamdas Babarbhai Patel executed an agreement to sell in favour of the defendants nos.8 to 12 on 29.11.1971. Twelve months' period was fixed for execution of the sale deed. Thus, the sale deed was to be executed by the de