JUDGMENT :

1. This Appeal from Order is filed at the instance of the present appellant - original plaintiff under Order-43 Rule-1 of the Code of Civil Procedure, 1908. The appellant herein – original plaintiff instituted the suit seeking specific performance of the agreement to sale dated 06.04.2013. The appellant herein has prayed for the reliefs as prayed for in the Suit, which reads thus:

“1) Out of the disputed New Tenure cultivable agricultural land having area of He-Ar 3-53-18 mtr means 35318 square meters at Variyav Revenue Survey No. 787 having block no. 721 and assessment rate of Rs.39.19 located at Sub-district Surat City (Adajan), District Surat, half of the land of the Respondents means ½ share measuring He-Ar 1-76-59 mtr which is agricultural land having area of 17659 square meter (present block no. 721/A entitled for non-agricultural premium having area of He-Ar 1-76-59 mtr or 17659 square meter and assessment rate of Rs.19.60) along with all the entitled easements thereof, a notarized written Deed of Exchange means an agreement to sell had been executed between we the applicants and the Respondents on 06/04/2013. The Hon’ble Court be pleased to issue orders that all the respondents get together and execute a registered sale deed of the disputed land in favor of we the applicant and peacefully hand over the direct possession of land.

Alternatively

If the respondents fail to comply with the specific performance of the agreement, execute a sale deed of the disputed land in favor of we the applicant and hand over the possession thereof peacefully, a court commissioner be appointed who may execute a registered sale deed of the disputed land in favor of we the applicant and hand over the direct possession of land in unoccupied and peaceful conditions to we the applicants.

(2) Under any circumstances, if granting the prayer of complying with specific performance of agreement seems not appropriate, the Hon’ble court be pleased to issue a decree that the respondents, jointly and severally, shall be liable to repay the consideration amount of Rs.2,64,39,105/- (Rupees two crore sixty four lakhs thirty nine thousand one hundred and five only) paid by we the applicants along with the premium amount of Rs.83,88,025/- (Rupees eighty three lakhs eighty eight thousand twenty five only) totaling to Rs.3,48,27,130/- (Rupees Three crore forty eight lakhs twenty seven thousand one hundred thirty only). Additionally, Rs.3,48,27,130/- (Rupees three crore forty eight lakhs twenty seven thousand one hundred thirty) be paid as the compensation towards losses caused due to the breach of contract along with an interest at the compounding rate of 18% from the date of plaint till the recovery thereof and all the recoverable amounts be recovered from the respondents and their properties.

(3) The respondents be declared as not entitled to sell, pledge, gift or otherwise transfer or convey the disputed land or make changes in the physical condition thereof or hand over its possession to any other which is in violation of the Deed of Exchange executed by the respondents with we the applicants.

(4) The Hon’ble Court be pleased to issue a permanent injunction that until the sale deed mentioned above at para(1) is not executed, the respondents shall not sell, pledge, gift or otherwise transfer or convey the disputed land or do not create any encumbrance or make changes in the physical condition of the disputed agricultural land or hand over its possession to any other which is in violation of the Deed of Exchange executed by the respondents with we the applicants.”

2. The appellant herein also filed an application below Exh.5 seeking the following reliefs, which reads thus:

“1) Kindly pass a temporary injunction order restraining the respondents from transferring or getting transferred the agricultural land in suit to other person by sale, mortgage, gif