J.B. Pardiwala, J.

1. This Second Appeal under Sec. 100 of the C.P.C. is at the instance of the original defendants Nos. 1 to 6 and is directed against the judgment and order dated 31st March, 2018 passed by the 9th (Ad-hoc) Addl. District & Sessions Judge, Kutch at Bhuj in the Regular Civil Appeal No. 1 of 2015 arising from the judgment and decree dated 15th December, 2014 passed by the Principal Senior Civil Judge, Bhuj-Kutch in the Special Civil Suit No. 60 of 2000 filed by the respondent herein-original plaintiff for specific performance of contract based on an agreement of sale.

2. It appears from the materials on record that the plaintiff instituted a suit against the defendants, seeking specific performance of contract based on an agreement of sale dated 29th June, 1995, Exh. 112. The agreement of sale is with respect to the land bearing Revenue Survey No. 101, situated at village Bidada, Taluka : Mandvi, District : Kutch, admeasuring 4 acres and 9 gunthas. The suit property is recognized as "Shelorvadi". The suit property was purchased by the appellants herein-original defendants from one Mohanlal Dhanji Punja vide registered sale-deed dated 27th January, 1987. The land in question came to be converted to non-agricultural land vide order dated 6th January, 1988 passed by the Taluka Development Officer, Mandvi, Kutch. The original plaintiff decided to purchase the suit property and the defendants agreed to sale the suit property for a total sale consideration of Rs. 4,03,273/-. It is not in dispute that an amount of Rs. 10,011/- came to be paid to the defendants by the plaintiff towards the earnest money.

3. The original plaintiff received a notice dated 31st December, 1999, Exh. 125 from the defendants calling upon the plaintiff to perform his part of the obligation and get the sale-deed executed in his favour. The notice issued by the defendants to the plaintiff dated 31st December, 1999, Exh. 125, reads as under:

: NOTICE :

Reg. A.D. U.P.C.

Date : 31-12-1999

To,

Mr. Dharmashi M. Savla,

Vijya Construction, Bidada,

84, Leela Apartment, Road No. 9,

Prabhat Colony, Shantacruz (East),

MUMBAI-55

Subject :- To execute and register sale-deed in respect of the land bearing Revenue Survey No. 101, admeasuring acre 4-09 guntha, situated at moje Bidada, Taluka-Mandvi, District-Kachchh, known as Selorvadi, after converting the said land into non-agricultural purpose and creating therein 56 plots having area of 12033.02 sq.m. and total area including public purpose and roads being 17098-00 sq.m.

This notice is issued to you as instructed by my client Mr. Patel Harji Shamji and Chhaganlal Naranbhai, Mandvi-Kachchh that,

The land bearing Revenue Survey No. 101, admeasuring acre 4-09 guntha, situated at moje Bidada, Taluka-Mandvi, District-Kachchh, is under the possession and ownership of my client. The said land has been converted into non-agricultural purpose and different 56 plots have been created for the residential purpose therein. The area of land of the plots is 12033-02 sq.m. and total area of the land including public purpose and roads is 17098-00 sq.m. You have purchased the said land with absolute right from my client on 29-6-1995 by executing agreement of sale for Rs. 4,03,273/- (Four Lakh Three Thousand Two Hundred Seventy Three Only).

After implementing the said agreement of sale, you have to execute sale-deed at your expenses by paying outstanding remaining amount to my client for the said land. You do not execute sale-deed by implementing earnest money deed despite frequent reminders having been given to you. I have given reply to your letter dated 15-10-1996 within eight days wherein you have been instructed to finalize about the land. As my client has not received full payment due to your indolent attitude and delay on your part, he has to face financial difficulty. Other deal made by my client is pending due to want of money, and time has passed due to your false promise. Consequently, period of 3 years for the earnest