PATEL RAMESHBHAI DAHYABHAI Vs. PATEL PRANAV KIRITBHAI

JUDGEMENT

(1.) The appellant is the original plaintiff. His suit for specific performance was partly allowed by the trial court which held that the plaintiff was entitled to get Rs.02,62,500/- with 6% interest. The plaintiff's prayer for specific performance was rejected. Aggrieved by the said part, he filed Regular Civil Appeal No.252 of 2006 which also came to be dismissed.

(2.) The appellant-plaintiff has therefore preferred this Second Appeal before this Court under Section 100 of the Code of Civil Procedure, 1908.

(3.) By instituting Special Civil Suit No.27 of 1991 before the Court of Civil Judge (S.D.), Anand, the plaintiff contended that property being Final Plot No.677, Town Planning Scheme No.2, Anand, admeesuring 1789 Sq. Meters, belonging to deceased Chhaganbhai was agreed to be sold to the plaintiff by said Chhaganbhai and that there was an oral contract for that. Said Chhaganbhai was grandfather of defendant Nos.1 and 2 and was father-in-law of defendant No.3. The defendants are the heirs. Chhaganbhai died in the year 1985. It was the case of the plaintiff that he was staying at Dubai since long, that he had family relationship with said Chhaganbhai. When he happened to be in India, in the year 1993, Chhaganbhai agreed to sell to him 9 Gunthas of the suit land at the rate of Rs.50,000/- per Guntha. It was stated that out of total consideration, $25,000 were to be paid to defendant No.1 in USA upto 15th October, 1985.