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2025 Supreme(Online)(Bom) 2263

HIGH COURT OF BOMBAY
HONBLE JUSTICE R. W. JOSHI
YESHODABAI W/O BATUKJI DEVANI – Appellant
Versus
NANDKISHOR S/O GOPALDAS SHARMA – Respondent


JUDGMENT :

The appellant in the present Second Appeal is aggrieved by the concurrent decrees for possession passed against her. The appellant is the original defendant and the respondent is the original plaintiff. The plaintiff is owner of the suit property which is an agricultural land bearing Gut No.131, ad-measuring 2.72 HR, situated at village Kavthal, Tahsil Sangrampur, District Buldhana. The defendant had entered into an agreement of sale dated 18.04.2006 with the plaintiff, inter-alia agreeing to sell the suit property for a total consideration of Rs.3,50,000/-. The plaintiff has placed the defendant in possession of the suit property on the date of execution of the agreement of sale. Out of the total sale consideration of Rs.3,50,000/-, the defendant has paid an amount of Rs.3,00,000/- to the plaintiff on the date of execution of the agreement. It is also necessary to state that the suit property was situated in benefit zone of Jeegaon Resettlement Project, as per the provisions of the Maharashtra Project Affected Persons (Rehabilitation) Act, 1999 (hereinafter referred to as “the 1999 Act” for short), and resultantly there was a prohibition on sale of the suit property in v

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