JUDGMENT - A.D. MANE, J.:-This is plaintiffs appeal challenging the dismissal of his suit on a preliminary ground.

2. The plaintiff filed the suit for specific performance of contract of sale of land Survey No. 83 admeasuring 12 acres 5 gunthas of village Lakhegaon, Tahsil Paithan.

3. It is case of the plaintiff that the defendant No. 1 is the owner of the suit land. There was a long standing litigation between the defendant No. 1 and the defendant No. 8, as the defendant No. 8 was claiming the tenancy in respect of the suit land. Pending that litigation, the possession of the land was restored to the defendant No. 1 and defendant No. 1 put the plaintiff in possession on 26-6-1974 in part performance of the said agreement of sale. The defendant No. 8 filed civil suit against the defendant No. 1 on 10-7-1974 for injunction but he was un-successful. It is, therefore, case of the plaintiff that the agreement of sale was for consideration of Rs. 20,000 and he has paid to defendant No. 1 earnest money from time to time, amounting to Rs. 18,802.90 Ps. Further case of the plaintiff is that the defendant No. 1 colluded with his relations-the defendant Nos. 2 to 7 and also defendant Nos. 8 to

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