JUDGMENT :

(Biren Vaishnav, J.)

1. This appeal is filed by the original plaintiffs on being aggrieved by the judgement and decree dated 22.02.2011 passed by the learned 6th Additional Senior Civil Judge, Surat in Special Civil Suit No. 285 of 2001. By the aforesaid judgement and order, the suit filed by the original plaintiffs has been dismissed.

2. Facts giving rise to the appeal are as under:

2.1 The defendants – respondents no. 1, 2 & 3 herein are the Society, the President and the Secretary respectively. They were the owners of suit property situated at Ichhapore, Ta. Choryasi bearing Revenue Survey No. 897, 898, 899, 912, 915, 916, 917 paiki, 918/2 etc. admeasuring 62142 sq. mtrs. It was the case of the plaintiffs that the respondents – defendants had agreed to sell the property to the appellants for consideration of Rs.60,58,845/-. An agreement to sell was entered into on 27.08.1993. As per the sale agreement, the appellants had paid Rs.6,05,885/-. As per conditions no. 2, 4 & 6 of the suit agreement, it was for the appellants to undertake the procedure of dereservation of the lands which took a long time.

2.2 It is the case of the plaintiffs that time was not the essence of t