JUDGMENT

L. S. PIRZADA, J.

1. Heard learned advocate Mr.N.V. Gandhi for the appellants – original plaintiffs and learned advocate Mr.S.P. Majmudar with learned advocate Mr. Jay Snehal Shah for the respondents.

2. The present appeal is preferred by the present appellants - original plaintiffs under Section 96 of the Code of Civil Procedure, 1908 (for short, the “Code”), directed against the judgment and decree dated 11.10.2024 passed by the learned 20th Additional Senior Civil Judge, Vadodara in Special Civil Suit No.100 of 2024, allowing an application preferred by defendant Nos.29/1, 30, 31, 32, 33 and 34 vide Exh. 49 under Order VII Rule 11 of the Code, whereby the learned Trial Court rejected the plaint under Order VII Rule 11 of the Code.

3. For the sake of there brevity, the parties herein shall be referred to as per the original status as narrated in the suit.

4. Factual matrix leading to the present appeal are that the original plaintiffs have filed the Special Civil Suit No.100 of 2024 before the learned Trial Court for cancellation of the sale-deeds dated 24.02.2023 and 27.03.2023, and also for declaration that the plaintiffs have pre-emptive rights to purchase the suit land.

4.1. In a nutshell, the case of the plaintiffs before the learned trial Court is that the Plaintiff No. 1 is a partnership firm, and Plaintiff Nos. 2 and 3 are its partners. Defendant Nos. 1 to 26 and their ancestors have executed a memorandum of understanding and an agreement to sell.

4.2. It is the case of the plaintiffs that the suit land, which has been specifically stated in the paragraph No.2 of the plaint, i.e., the land situated at village : Gotri, Taluka & District : Vadodara, bearing Block / Survey No.838 and Khata No.191, admeasuring 9004 sq. meters, in T.P. Scheme No.63, Final Plot No.87, and area of the FP 6753 sq. meters, i.e., non-agricultural, has been allotted to the said land. Now, it has been termed as “Suit Land”.

4.3. Further, as per the case of the plaintiffs, in the year 1988, the ancestors of Defendant Nos.1 to 26 have executed an irrevocable Power of Attorney in favour of Defendant No. 27, viz. Sanjaybhai Ambalal Patel, and pursuant to this, Power of Attorney - Sanjaybhai Ambalal Patel entered into an agreement on 15.06.2006 with Plaintiff No.1-Firm, and the sale consideration was fixed at Rs.141 per square meter. As per the condition of the said agreement, 25% amount of the sale consideration, i.e. Rs.25,51,000/-, was paid to the Power of Attorney holder of Defendant Nos.1 to 26, and as the suit land was new tenure land, it was agreed between the parties that the said suit land was to be converted into old tenure land, and second installment of 25% of the sale consideration was to be paid on 15.08.2006; pursuant to which the process regarding conversion of land would start.

4.4. Subsequently, Defendant No. 27 - Sanjay Ambalal Patel, entered into an agreement to sell on 02.06.1998 with Defendant No. 28, Govindbhai Vitthalbhai Patel, and for the suit land, Defendant No. 28, Govindbhai Vitthalbhai Patel, filed Special Civil Suit No. 882 of 1998 before the Principal Civil Judge, Vadodara, for specific performance of the agreement to sell dated 02.06.1998. In the said civil suit, consent terms were filed, and pursuant thereto, a decree was drawn on 28.08.2002. Pursuant to this decree, the ancestors of Defendant Nos. 1 to 26 were to execute a sale deed as per the decree.

4.5. Further, subsequently, one Mr.Indrajitsinh Pratapsinh Jadeja, a land broker, contacted Plaintiff No. 2, and the original owner of the suit land, Defendant No. 27, the Power-of-Attorney holder - Mr. Sanjay Ambalal Patel, and Defendant No. 28, Govindbhai Vitthalbhai Patel, through his administrator, Ratilal Manilal Patel and Ambarish Ratilal Patel entered into a deal for the purchase of the said suit land, and at that time, an amount of Rs. 2,00,000/- was paid to Shri Indrajitsinh Jadeja as brokerage by the plaintiffs, and Defendant Nos. 28 and 29.

4.6. Subsequently,