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

24
there is absolutely no material on record to show that really they had
developed the suit land and converted it in non-agricultural use.
There is absolutely no material on record to show that any lay out
has been sanctioned by the competent authority. Thus, defendants
failed to prove that they have developed the suit land and divided
into the plots. Hence, I answer issue no. 15 in the negative.
AS TO ISSUE NO. 16-
29 I have already held that plaintiff failed to prove that
defendant no.l had executed an agreement to sale in his favour of
the entire l Hec. 22 R. out of Gat no. 154, and put him into the
possession. I have also held that defendants no. 2 and 3 purchased
the suit land and since then, are in possession. As plaintiff failed to
prove an agreement to sale in his favour, therefore, he is not entitled
to the reliefs claimed. Therefore, suit deserves to be dismissed. I
therefore, answer issue no. 16 accordingly and proceed to pass
following order-
O R D E R
1 Suit stands dismissed with costs.
2 Decree be drawn up accordingly.
Sd/-
Date 14/08/2009
(N. G. Gimeakr)
Civil Judge ( S D )
JALNA.