ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

1 This First Appeal is at the instance of the original plaintiff and is directed against the judgement and decree passed by the Additional Senior Civil Judge, Sanand dated 5th December 1990 below Exhibit : 21 in the Special Civil Suit No.111 of 2018, by which the plaint came to be rejected under the provisions of Order VII Rule 11 (d) of the Code of Civil Procedure.

2 The facts giving rise to this appeal may be summarized as under:

3 The appellant herein is the original plaintiff. The respondents Nos.1 to 6 are the original owners of the suit property. The respondent No.7 is the original defendant No.7 and the purchaser of the suit property from the erstwhile owners i.e. the defendants Nos.1 to 6 respectively.

4 The appellant – original plaintiff instituted the Special Civil Suit No.111 of 2018 in the Court of the Principal Senior Civil Judge, Sanand for specific performance of an oral contract, cancellation of the sale deed executed by the original owners in favour of the defendant Nos.7 and permanent injunction. It is the case of the appellant – original plaintiff that the defendants Nos.1 to 6 are the lawful owners of the lan