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1992 Supreme(Bom) 198

N.P.CHAPALGAONKER
Shaikh Usman s/o. Shaikh Burahan and others. – Appellant
Versus
Shaikh Badruddin s/o. Shaikh Bhagan and another – Respondent


JUDGMENT -N.P. CHAPALGAONKER, J.:---Shaikh Badruddin, respondent No. 1 herein, had filed Regular Civil Suit No. 475 of 1987 in the Court of Civil Judge (S.D.), Jalna, for the recovery of possession of agricultural lands Block Nos. 24 and 25 situated at village Majarewadi, Taluka District Jalna and for the mesne profits. It is the case of the plaintiff that he along with respondent No. 2 had purchased land Survey No. 6/2 admeasuring 14 Acres 7 Gunthas for consideration of Rs. 4,000/- from the previous owners Kachru, Sampat and Shankar. It is his further case that there was a partition between respondent Nos. 1 and 2 - purchasers and eastern half portion was allotted to respondent No.1/plaintiff, whereas western half portion was allotted to respondent No. 2 Imam. It is further contended that Survey No. 6/2 was divided and converted into Block Nos. 24 to 30 as per the proceedings under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. After this consolidation, respondent No. 1/plaintiff was allotted Block No. 27 and he has dug a well in this land allotted to him and petitioner No. 1 Shaikh Usman agreed to purchase land Block No. 25 by an agreement execu












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