JUDGMENT (CAV)

Biren Vaishnav, J.—The First Appeal has been filed by the original plaintiff and the cross objections by the original defendant no.1. The appeal by the original plaintiff challenges the legality and validity of the judgement and decree dated 18.04.2017 passed by the learned Principal Senior Civil Judge, Ahmedabad (Rural) in Special Civil Suit No.201 of 2010, whereby, the said suit preferred by the appellant has been partly dismissed qua the relief seeking specific performance. However, the suit is partly decreed whereby the appellant is held entitled to recover an amount of Rs.13,83,040/- as compensation for breach of contract with interest @ 6% from the date of filing of the suit till its realization. The appellant shall hereinafter be known as the plaintiff.

2. Cross-objections have been filed by the defendant no.1, whereby, the suit has been partly decreed and the objector – defendant no.1 has been directed to pay compensation as aforesaid. The cross-objector is the respondent no.1 in the First Appeal, hereinafter to be referred to as ‘the defendant’.

3. The facts in brief are as under:

3.1 The plaintiff filed the Regular Civil Suit against the defendant stating th