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