1. This First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short, 'the C.P.C.') is at the instance of the original plaintiff and is directed against the judgment and decree passed by the 9th Additional Senior Civil Judge, Vadodara dated 30th June 2015 in the Special Civil Suit No.219 of 2003, by which the Civil Court dismissed the suit filed by the plaintiff seeking specific performance of contract based on an agreement of sale.

CASE OF THE PLAINTIFF :

2. The respondents herein are the original defendants. They are the lawful owners of the suit land bearing survey No.585 admeasuring 14,346 sq. mtrs. situated at village : Gorva, District : Vadodara. The suit land is of restricted tenure land. To put it in other words, the property in dispute is a new tenure. The owners of the property executed an agreement of sale dated 21st January 1993 Exhibit : 98 with respect to the suit land in favour of the plaintiff. The owners decided to sell their land at the rate of Rs.10.90 per sq. ft. The three main conditions, as stipulated in the agreement of sale, are :

(1) The sale deed was to be executed within a period of three years;

(2) The plaintiff agreed to obtain al