ORAL JUDGMENT :- This second appeal is preferred by defendant No.3-the Municipal Council, since the suit filed by respondent No. I-plaintiff came to be decreed by the first Appellate Court. The parties shall hereinafter be referred to as plaintiff and defendants.

2. The facts shorn of details are as under –

Plaintiff-respondent No. 1 is the owner of field S. No. 1011 of village Risod, Distt. Washim. There is a Municipal Council at Risod. The Development Authority prepared a Development Plan for said Municipal area of Risod, Survey No. lOll belonging to plaintiff-respondent No. 1 came to be reserved for the weekly market and cattle market by a sanction dated 23-11-1985. On 1-1-1986, the Government issued a Notification reserving the said land for the said purpose and giving out its intention to acquire the said land. In spite of the Notification in respect of the Development Plan, the defendants failed to acquire the said land. The plaintiff, therefore, issued a notice on 5-2-1996 to defendants calling upon them to purchase the land. After receipt of this notice, it is alleged that the appellant-defendant No.3 passed resolution to acquire the said land. On 11-71996, accordingly a pro

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