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2009 Supreme(Bom) 1337

C.L.PANGARKAR
Shrikant Gopalkrushna Tare – Appellant
Versus
Vasant Nagorao Mahalley – Respondent


Advocates appeared:
For the Appellants:Abhijit Deshpande, Advocate. For the Respondents:R.R. Deshpande, Advocate.

Judgment :

Oral Judgment:

This appeal is preferred by the original plaintiffs who lost in the first appellate Court. The facts giving rise to the appeal are as follows:

Plaintiffs and defendants mutually agreed to purchase field Survey No. 93/3 of village Lohara district Yavatmal from one Sonabai. Each of the plaintiffs and defendants contributed a sum of Rs.4546/- towards the consideration. The sale deed was however obtained in the name of defendants 1 to 5. In order to evidence this arrangement an agreement was executed on 15.04.1982 between plaintiffs and defendants. It was agreed that each of the plaintiffs and defendants i.e. 11 persons would have equal share in the said field. It was agreed that the suit field should thereafter be converted to non agricultural use. It was also agreed that after the said field is converted to non agricultural use, all the plots will be equally distributed among the plaintiffs and defendants. Accordingly the said field was converted into a non agricultural land. Another agreement was executed on 07.05.1990 under which it was agreed that each of the plaintiffs would be entitled to get three plots out of the said layout and the remaining three pl



















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