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1984 Supreme(Bom) 303

S.J.DESHPANDE
Ganpat Bapu Sawant – Appellant
Versus
Balkrishna Atmaram Shirsat – Respondent


JUDGMENT - S.J. DESHPANDE, J.:---The petitioner is the original plaintiff in a suit instituted by him in the Court of Civil Judge (Junior Division), Sawantwadi, being Suit No. 51 of 1981. The suit was filed on 29th April, 1981 against 21 defendants. Original defendants Nos. 1 to 4 are brothers and other defendants Nos. 5 to 21 are co-sharers in the plain property. The suit relates to different pieces of lands mentioned in Schedule A and Schedule B attached to the plaint and some other properties fallen to the share of the defendants. It is alleged that defendants No. 1 executed an agreement of sale on 20th October, 1979 in favour of the plaintiff. The said agreement relates to property in Schedule A. The agreement is on a simple paper. It is not stamped or registered. In para 2-A of the agreement it is stated that in the properties mentioned in para 1 there was some suit between the co-shares and one Mukund Vedave Suit No. 39 of 1967. In that suit, Regular Darkhast No. 18 of 1969 was filed and on 9-11-1978, the vendor i.e. defendant No. 1 and other co-sharers got possession of the suit property. In that property the vendor has 7/30 the share. In para 28 it is mentioned that the pro






































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