JUDGMENT :

Sonia Gokani, J.

1. This appeal is preferred by the original plaintiff under Section 96 of the Civil Procedure Code, 1908 whereby, the challenge is made to the judgment and decree dated 06.07.2022 passed by the Principal Senior Civil Judge, Sanand in Special Civil Suit No. 407/2017 in the following factual background.

Factual Matrix.

1.1. The respondent society has rights in the suit property being block/survey no. 211 to 216-220, 224-229, 231-234, 235/paiki in all admeasuring 2,20,189 sq. mts. (2,63,349 sq. yards) of Village Shela, Takula Sanand, Ahmedabad.

1.2. By way of an agreement to sale dated 22.12.2006, the respondent – original defendant agreed to sell the suit property to the plaintiff appellant for a sum of Rs. 15,80,08,800/-. As per the Clause 3 of the agreement, the society had agreed to sell the suit property in favour of the appellant on payment of 50% of the sale consideration. In compliance of the said terms, by 24.12.2007, the appellant paid Rs. 11,49,60,600/- which is roughly 75% of the sale consideration.

1.3. It is averred that the society was avoiding the execution of the sale deeds on one or the other pretext, hence, the Memorandum of Understanding (MOU)