AKIL KURESHI, J. - (1.) The First Appeal is filed by the original plaintiff to challenge the judgment and decree of the trial Court rejecting the plaint under Order 7 Rule 11 of the Code of Civil Procedure.
(2.) Brief facts are as under. The suit was filed by one Rajendrabhai Manubhai Vyas as the chief promoter of Shri Prahlad Smruti Cooperative Housing Society Ltd. and in his personal capacity. The plaintiff had prayed for specific performance of an agreement to sale dated 20.8.1980 of an agricultural land bearing survey no.34 of village Jagatpur (hereinafter referred to as "the suit land"). The plaintiff had also prayed for setting aside the sale deed dated 24.6.2009 executed by the original landowners in favour of defendants no. 14 and 15.
(3.) The said agreement to sale dated 20.8.1980 was executed by the original landowners defendants no. 1 to 12 in favour of Rajendrabhai Manubhai Vyas shown as the chief promoter of the said society. Under such agreement, the landowners would transfer the land in favour of the purchasers upon payment of consideration within one year. It was agreed that upon payment of 40% of the consideration, purchaser would be put in possession of the land and would allow to start developing it. However, the title in land would pass only upon execution of the sale deed and payment of full sale consideration.;