JUDGMENT - DESHPANDE D.B., J.: - One Lakbu Bala Pawar was the owner of the suit land bearing Gat No. 353 admeasuring 1 acre, 25 gunthas situated at village Vahagaon in Karad Tahsil of Satara district. On 23-6-1964, Lakhu sold this land to both the defendants for an amount of Rs 700(vide Ex. 46). On the same day the defendants executed another agreement Ex.41 in favour of Lakhu agreeing to reconvey the land to Lakhu for the same amount after the end of the year after repayment of the amount.

2. This transaction was validated under section 31AA of the Bombay Prevention of Fragmentation and Consolidation of HoldingS Act, 1947(here-inafter referred to As the “Fragmentation Act”) by paying the prescribed penalty. In fact I shall point out that this validation was Also not at all necessary in this case. After the death of Lakhu all his heirs And legal repre-sentatives who are plaintiffs 1 to 8 in this suit gave a notice dated 8-1968 to the defendants for reconveyance of the land after offering the amount of Rs. 700 to them. Both the defendants declined and hence the plaintiffs filed this suit.

3. The defendants, inter alia, resisted the suit on the ground that it is A fragment under the Fr

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