JUDGMENT :

ARAVIND KUMAR, J.

1. This first appeal is directed against the judgment and decree passed in Special Civil Suit No.167 of 1984 dated 23.10.2000 whereunder suit filed for specific performance of Agreement of Sale dated 27.12.1974 came to be dismissed.

BRIEF BACKGROUND OF THE CASE:

2. The parties are referred to as per their rank in the trial court.

3. Plaintiff claiming to be a cooperative society registered under the Gujarat Cooperative Housing Societies Act sought for a decree of specific performance being passed in its favour contending inter alia that property bearing Survey Nos.37 and 39 situated at village Thaltej, Taluka Daskroi, District Ahmedabad, admeasuring 2-Acres and 29-Gunthas and 4-Acres and 38- Gunthas respectively belonged to first defendant which is a trust registered under the Bombay Public Trusts Act (for short, ‘BPT Act’) and defendant Nos.2 to 8 are its trustees. It was further contended that defendants had executed an Agreement for Sale dated 18.08.1966 in favour of Pramukhlal Jivanlal Parikh and Ambalal Ishvarlal Prajapati. Said Pramukhlal Jivanlal