JUDGMENT :

1.1 The present group of appeals, under Section 100 of the Code of Civil Procedure, 1908, by the appellant/s – original plaintiff/s, arises from the impugned judgment and decree dated 05.03.2022 passed by the learned 10th Additional District Judge, Rajkot in Regular Civil Appeal No.43 of 2019 and other cognate appeals, confirming the judgment and decree dated 09.01.2019 passed by the learned 3rd Additional Senior Civil Judge, Rajkot in Regular Civil Suit No.256 of 2012 and other cognate suits, which are dismissed.

1.2 Since the facts, background, issues, land and the parties are identical, for the sake of avoiding repetition, with the consent of the learned advocates for the respective parties, all these appeals are heard and decided together by this Court today, by this common judgment.

2. The brief facts of the present group of appeals are as under :

2.1 The land bearing Survey No.2 paiki situated at Mouje : Village - Mota Mava, District : Rajkot (for short ‘the land in question’) originally belonged to Chatursinh Jadeja and Khengarji Jadeja. They are real brothers, therefore, two branches of one father.

2.2 After the demise of Chatursinh Jadeja on 14.03.1996, the names of his legal heirs were entered into the revenue record i.e. Dhirajben and Aniruddhasinh. Hence, Khengarji, Dhirajben and Aniruddhasinh were the owners of the land in question.

2.3 There are about ten legal heirs from both branches.

2.4 It is alleged that Khengarji Jadeja and Aniruddhasinh Chatursinh Jadeja executed power of attorney on 16.05.1996 in favour of Harilal Vashrambhai Patel.

2.5 It is further alleged that son of Khengarji viz., Arvindsinh Khengarji Jadeja and son of Chatursinh viz., Aniruddhasinh Chatursinh Jadeja have executed power of attorney on 31.07.2000 in favour of Harilal Vashrambhai Patel.

2.6 It is alleged that the said power of attorney holder – Harilal Vashrambhai Patel has created proposed Society viz., Shyam Park Cooperative Housing Society Limited (Proposed), plotting scheme is floated and sold the plots to various persons by executing an agreement to sell by the said so-called power of attorney holder (Harilal Vashrambhai Patel) in the year 2005, which is not converted into nonagriculture land till date. Possession is also handed over to the purchasers.

2.7 The original land owners are residing in Bhavnagar. The land in question is situated at Rajkot.

2.8 Soon after came to know about the said Society (Proposed), plotting scheme and possession by way of agreement to sell, The Karta of branch of Khengarji viz., Arvindsinh Khengarji Jadeja and the Karta of branch of Chatursinh viz., Aniruddhasinh Chatursinh Jadeja have filed a suit being Special Civil Suit No.80 of 2006, for vacant possession of the land in question, against the said plot holders.

2.9 In the said suit, the learned trial Court has granted status-quo qua the possession of the land in question, since it was the case of the defendants – plot holders – present appellants that they have been in possession since the year 2005. The said suit is still pending before the learned trial Court.

2.10 During pendency of the said suit, the original land owners have sold the land in question to the present respondent by way of a registered sale deed on 20.05.2008.

2.11 Since it is an agricultural land, the revenue entry to the effect of the sale deed dated 20.05.2008 has been mutated in the revenue record, after following due process.

2.12 After purchasing the land in question by the present respondent, he has entered into the shoes of the original land owners in Special Civil Suit No.80 of 2006 as plaintiff.

2.13 In the year 2012, the plot holders have filed suit/s being Regular Civil Suit No.256 of 2012 and others, for specific performance, declaration and permanent injunction and thereby seeking cancellation of the registered sale deed executed by the original land owners in favour of the purchaser – present respondent.

2.14 Out of them, many suits filed by the plot holders were compr