JUDGMENT :

J.B. PARDIWALA, J.

1. This First appeal under Section 96 of the Code of Civil Procedure, 1908 is at the instance of the original defendant No.1 and is directed against the judgment and decree dated 19th March 2018 passed by the 5th Additional Senior Civil Judge, Anand in Special Civil Suit No.23 of 2013 filed by the respondent No.1 herein – original plaintiff for specific performance of contract based on a registered agreement of sale.

2. The appellant herein is the original defendant No.1 (subsequent purchaser). The respondent No.1 herein is the original plaintiff and the respondent No.2 herein is the original defendant No.2 (owner of the property, who executed a registered agreement of sale).

3. According to the case of the plaintiff, the defendant No.2 executed a registered agreement of sale dated 22nd December 2011 with respect to the suit property. The suit property is a three storied house situated in Anand, Taluka and District : Anand bearing survey No.937. The total sale consideration fixed was Rs.15 Lac. On the date of execution of the agreement of sale, the plaintiff paid Rs.11 Lac in cash to the defendant No.2. According to the terms of the agreement, the balance amount of Rs.4 Lac was to be paid to the defendant No.1 by the plaintiff within six months from the date of the agreement of sale and on payment of the balance amount of Rs.4 Lac, the sale deed was to be executed by the defendant No.2 in favour of the plaintiff.

4. It appears that before the expiry of the period of six months, the defendant No.2 transferred the property in favour of the appellant herein – original defendant No.1 by way of a registered sale deed dated 22nd December 2011. The plaintiff came to know about the transfer of the suit property by the defendant No.2 in favour of the defendant No.1, and in such circumstances, was left with no other option, but to file a suit for specific performance of contract and injunction based on a registered agreement of sale.

5. In the plaint, the plaintiff prayed for the following relief’s:

“(A) Be pleased to pass decree for execution of contract and transaction as mentioned in the suit so that defendant no. 2 or defendant no. 1 and 2 or concerned defendants/defendant may execute sale deed in favour of the plaintiff in respect of pukka house having area of 102 sq.m. (as per Agreement to sale no. 10335/11) or built up area of 27.44 sq.m. (as per sale deed no. 4779) constructed on the plot no. 40 having area of 38.30 sq.m. on the nonagricultural land bearing survey no. 937 and admeasuring hectare 0.50.60 are situated on the outskirt of mouje village Anand, Taluka and District Anand mentioned in the suit para (1). Be pleased to pass order for execution of decree by way of appointment of commissioner by the Court if they do not execute sale deed.

(B) Considering the relief specified in para (1), be pleased to cancel the sale deed of suit property executed by defendant no. 1 in favour of respondent no. 2, which was registered vide sale deed no. 4779/12 on 22/05/2012 as the same is against the interest and in violation of right of the plaintiff and illegal. Be pleased to pass order and decree to cancel aforesaid sale deed holding that defendant does not acquire any kind of ownership or possession right by way of said sale deed.

(C) Be pleased to pass permanent injunction order restraining defendants/defendant from transferring suit property to other person by way of sale, gift or any other way or from creating encumbrance on the property by taking loan or mortgaging the same till decree is not executed.

(D) Be pleased to pass any other relief as the Court may deem just and proper in favour of the plaintiff.

(E) Be pleased to pass order as to costs from defendants.”

6. The summons issued by the Trial Court was served upon both the defendants. However, the defendant No.2 i.e. the owner of the property after filing the written statement did not appear before the Civil Court. The suit was not opposed in any manner by th