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1. The appellants/original defendants impugns the
judgment and decree dated 16.6.1995 passed by the Additional
District Judge, Amalner in Regular Civil Appeal No.606 of
1989, thereby upholding the judgment and decree dated
7.10.1989 passed by the Civil Judge J.D. Chopda in Regular
Civil Suit No.28 of 1987 by which suit of respondent/plaintiff
seeking decree of specific performance of contract has been
decreed.
2. Respondent/plaintiff filed R.C.S. No.28 of 1987
seeking relief of specific performance of contract and
possession against appellant/defendant in respect of Survey
No.38/2 situated at Village Chaugaon, Tq. Chopda, District
Jalgaon. It was contention of plaintiff that defendant entered
into an agreement dated 23.4.1974 in respect of suit land for
consideration of Rs.8,000/- (Rs. Eight Thousand). The
agreement was registered on very same day. Defendant agreed
to obtain permission of competent authority for sale of land as
provisions of the Maharashtra Prevention of Fragmentation
and Consolidation of Holdings Act, 1947 (for short
Consolidation Act) were made applicable to the suit land.
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