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2018 Supreme(Guj) 1187

J.B.PARDIWALA
Patel Harji Shamji – Appellant
Versus
Dharmshi Meghji Shivla – Respondent


Advocates Appeared:
For the Appellant : Mehul Sharas Shah
For the Respondents: Vishal C. Mehta

JUDGMENT :

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































































































































































































































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