received on -26/08/2008 registered on 30/08/2008 decided on – 14 ...

12
11 Defendant no.l initially remained absent. But lateron
appeared and filed his consent written statement of defence. Plaintiff
is claiming that defendant no.l is in collusion with defendants no. 2
and 3 and therefore, executed registered sale deed in their favour.
However, defendant no.l is supporting the plaintiff by filing the
consent written statement of defence, that itself shows that plaintiff
is in collusion with the defendant no.l and not with the defendants
no. 2 and 3.
12 Badrinarrayan Laxminarayan Kabra ( P W 2) is a alleged
witness to an agreement to sale(exh.41) dated 10/04/2007. He has
filed his affidavit of examination in chief at exh. 39 and deposed
that he knew the parties to the suit and suit land. He went on
deposing that on 10/04/2007, defendant no.l executed an agreement
to sale in favour of the plaintiff and it was agreed that defendant no.l
will execute registered sale deed of his entire land in the month of
April 2009. He has claimed that on very same day, plaintiff was put
into the possession over entire l Hec. 22 R land. This witness has
proved an agreement to sale(exh.41). He was subjected to the
detailed cross examination. His cross examination discloses that he
is residing at Mondha area Partur and the Balaji Nagar is at the
distance of only one furlong. It further reveals that brother of the
defendant no.l is residing in Mondha Area Partur. This witness is
unable to tell the four boundaries of the land Gat no. 154. He claims
that area of the suit land is l Acre and defendant no.l is still owner
thereof. It seems that this witness is not agriculturist and not having
any agricultural land, nearby the suit land. He has specifically
admitted that he used to visit the suit land as plaintiff is his friend,