HETRAM BANIRAM RAHANGADALE Vs. MAYABAI CHOITRAM GOPLANI

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 22.11.2012 passed by the Principal District Judge, Gondia in Regular Civil Appeal No. 48 of 2012. The appeal was dismissed. First Appeal arose from judgment and order dated 12.2.2008 passed in Special Civil Suit No. 17 of 2004 delivered by the Civil Judge, Senior Division, Gondia. The trial Court was pleased to decree the suit.

(2.) The facts which are briefly stated are as under :

(3.) Defendant denied suit claim. He denied averments regarding measurement, fixing of dates of execution of sale deed etc. He alleged that agreement in question was bogus and fabricated. Without prejudice to this, defendant claimed that plaintiffs are not agriculturist and they are not entitled to purchase agricultural land in view of bar created by Section 89 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.