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1993 Supreme(Bom) 412

A.A.HALBE
Narayan Kisan Gade – Appellant
Versus
Machchindranath Kundlik Tarade and anothe – Respondent


JUDGMENT - A.A. HALBE, J.:—-In Special Civil Suit No. 49 of filed in the Court of Civil Judge, Senior Division Ahmednagar by the respondent-plaintiff Machchindranath Kundlik Tarade against the respondent-defendant No. 1 and appellant-defendamt No. 2 for possession of agricultural land Survey No. 30 admeasuring 15 acres 17 gunthas in Block Nos. 84 and 85, the Court was pleased to decree the claim of possession of the suit land in favour of the plaintiff. It was contended that in order to meet the pecuniary difficulties, the plaintiff had taken a loan of Rs. 5,000/- from his son-in-law i.e. defendant No. 1 Dhamane and executed a sale deed dated 2nd November, 1971. The defendant No. 1 Dhamane in turn, sold 10 acres out of Survey No. 30 to defendant No. 2 for Rs. 30.000/- under the sale deed dated 15.7.1992. It was further claimed that the plaintiff was the member of Kandal (Bk) Vividh Karyakari Seva Sahakari Society Ltd. (Society for short) and had obtained a loan. The amount of loan was outstanding at the time when the first sale deed for Rs. 5,000/- was executed on 2.11.1971. The said society is a Resource society and majority of the members are agriculturists, as required under sec







































































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