JUDGMENT :

(A.S. Supehia, J.)

1. The present first appeal has been filed under Section 96 read with Order 41 Rule 1-2 of the Code of Civil Procedure, 1908 assailing the judgment and order dated 22.12.2008 passed by the Principal Senior Civil Judge at Bardoli, District Surat wherein and whereby, the Trial Court has dismissed the suit filed by the present appellants – original plaintiffs for specific performance in respect of piece of non-agricultural land bearing Revenue Survey No.174, ad-measuring 14,683 sq. mtrs., situated at Village Tantithaiya, Taluka : Palsana, District : Surat against the respondent – original defendant.

2. Brief facts: The parties are addressed as per their original status in the suit.

2.1 The Plaintiff No.1 is a Limited Company and the Plaintiff Nos. 2 and 3 are the Directors of the Company. The Company is situated on non-agricultural land having Block No.182, village : Jodva, Taluka : Palsana, District Surat.

2.2 On the southern side of the Company, pieces of two separate non-agricultural lands ad-measuring 12537.37 sq.mtrs. and 2145.63 sq. mtrs., total 14,683 sq. mtrs are situated on Revenue Survey No.174 at Village : Tantithaiya, Taluka : Palsana, District