IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/FIRST APPEAL NO. 2130 of 2024 With CIVIL APPLICATION (FOR STAY) NO. 1 of 2024 In R/FIRST APPEAL NO. 2130 of 2024 ==========================================================

JAGATSINH MAHIPATSINH JADEJA Versus NISHI ALEX LUSICH & ANR.

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Appearance:

MR VIMAL PATEL FOR VMP LEGAL(7210) for the Appellant(s) No. 1 MR VIMAL A PUROHIT(5049) for the Defendant(s) No. 1 MR. NISHIT P GANDHI(6946) for the Defendant(s) No. 2 ========================================================== CORAM:HONOURABLE MS. JUSTICE SANGEETA K. VISHEN and HONOURABLE MR. JUSTICE NIRAL R. MEHTA Date : 07/04/2025

ORAL ORDER

(PER : HONOURABLE MR. JUSTICE NIRAL R. MEHTA)

Since the issue lies in a very narrow compass, at the request of the learned advocates for the respective parties, the present appeal is taken up for final hearing at the admission stage.

2. The captioned First Appeal under Section 96 of the Code of Civil Procedure, 1908 (for short ‘the Code’), at the instance of original plaintiff, is directed against the order dated 09^th April, 2024 passed by the learned Additional Senior Civil Judge, Gondal whereby, the plaint of the Special Civil Suit No.23 of 2023 instituted by the appellant – original plaintiff for specific performance of the oral agreement and permanent injunction as well as alternatively, seeking recovery of an amount of Rs.2,75,51,000/- with interest and damages for amount of Rs.51,00,000/-, came to be rejected under Order VII Rule 11 of the Code.

3. The facts as per the appellant – plaintiff can briefly be stated as under.

3.1 The plaintiff and the original defendant No.2 entered into an oral agreement for sale of non-agricultural land bearing Revenue Survey No.51 admeasuring 5 Acres and 10 Gunthas (23,357.48 sq.mtrs.) and internal road admeasuring 888.58 sq.mtrs. aggregating to 21,246.06 sq.mtrs. situated at village Ribda, Taluka – Gondal, District –

Rajkot at the rate of Rs.1,44,00,000/- per Acre.

3.2 It is the case of the plaintiff that an amount of Rs.1,75,51,000/- was paid on 18^th April, 2022 to original defendant No.1. The Sauda Chitthi dated 18^th April, 2022 signed by original defendant No.1 acknowledging the receipt of the said amount as well as the rate of Rs.1,44,00,000/- per Acre. The appellant – plaintiff thereafter paid further amount of Rs.1,00,00,000/- towards consideration on 10^th August, 2022 to the original defendant No.1. Thus, the appellant – plaintiff paid total sum of Rs.2,75,51,000/- to the original defendant No.1.

3.3 It is the case of the plaintiff that the public notice dated 19^th April, 2023 in the daily local newspaper ‘Akila’ for sale of the suit land was published by the original defendant No.1. In response thereto, the appellant – plaintiff gave counter public notice dated 27^th April, 2023 in the daily local newspaper “Akila’ disclosing ongoing deal of the land in question.

3.4 The appellant – plaintiff thereafter was constrained to institute the Special Civil Suit No.23 of 2023 before the trial court for the reliefs prayed therein. In response thereto, the respondent No.1 gave an application Exh.8 dated 23^rd March, 2023 under Order VII Rule 11 of the Code praying, inter alia, to reject the plaint on the ground that the oral agreement entered into between the parties was cancelled and the amount paid by the appellant was returned by the respondent No.1. The said application was resisted by the plaintiff by way of reply dated 09th November, 2023 at Exh.11. 3.5 During the pendency of the suit proceedings, the respondent No.1 sold the suit land to the respondent No.2 by way of sale deed dated 21^st November, 2023. The plainti therefore, submitted an application Exh.13 dated 02^nd December, 2023 to join the respondent as party defendant in the said suit. The said application was opposed by the respondent No.1 by way of reply dated 09^th January, 2024 at Exh.16. The said application was, however, allowed by the trial court by an