R. K. ABICHANDANI, J.

( 1 ) THE petitioners have challenged the order dated 14/12/1987 of the Deputy Collector, Vadodara at Annexure a to the petition in fragmentation case No. 26/86, and the order of the State Government dated 15. 6. 1988 at Annexure b to the petition, rejecting the petitioners, revision application and confirming the order of the deputy Collector.

( 2 ) ACCORDING to the petitioners, the respondent No. 2 who is the elder brother of the respondent No. 1 had sold the land bearing Survey No. 45 to the petitioner No. 1 by an oral agreement for a consideration of Rs. 3,600/- and handed over possession therefore to the petitioner No. 1. The petitioner No. 1 has thereafter been cultivating the land. The respondent No. 1 was a minor at the relevant time, as stated in the petition. According to the petitioners, they are owners of Survey No. 55 in which there is a well. The petitioners had spent a sum of Rs. 18,000/- for laying down a pipeline for getting water from survey no. 55 to Survey No. 45 so that they could cultivate survey No. 45. About four years prior to the filing of the petition, a well was constructed in survey No. 45 in which a considerable amount was spent.

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