A B BELKAR Vs. AMINABAI MOHAMAD SAHEB ATTAR

JUDGEMENT

(1.) Heard.

(2.) Petitioners by the present Petition are seeking direction to the Respondents to delete the land bearing Survey No. 148/1 admeasuring 81 Ares out of acquisition proceedings which were initiated for the benefit of Pimpalgaon Joga Dam, under the provisions of Maharashtra Resettlement of Project affected Persons in Village Belha, Taluka Junnar, district Pune, and in that regard to quash the notice dated 17. 8. 2000 issued in that respect and further direct the Respondent Nos. 1 to 3 to proceed against the Respondent Nos. 4 and 5 in relation to the surplus area with the said respondents in accordance with the provisions of law, with the exclusion of the land bearing Survey no. 148/1 admeasuring 81 Ares.

(3.) Few facts relevant for the decision are that the land bearing Survey No. 148/1 admeasuring 81 ares situate at Village Belha, Taluka Junnar, Dist : pune belonged to the Respondent Nos. 4 and 5. Under an Agreement dated 27. 3. 1974 executed by the said Respondents in favour of the predecessor in title i. e. the father of the Petitioners and on acceptance of sum of Rs. 60,000/- out of the total consideration price of Rs. 70,000/-, possession of the said land was delivered to the predecessor in title of the Petitioners. Inspite of investment of money for development of the property, pursuant to delivery of possession consequent to the execution of the said Agreement, by the predecessor in title of the Petitioners, since the Respondent Nos. 4 and 5 hesitated to execute the Sale Deed, they filed special Civil Suit No. 610 of 1976 for specific performance of the said Agreement in the Court of civil Judge, Senior Division, Pune, in the year 1976, which came to be decreed on merits on 31. 3. 1986 with the direction to the Petitioners to deposit the balance amount in the Court and it was accordingly deposited by the predecessors of the petitioners. The Respondent Nos. 4 and 5 preferred an Appeal being First Appeal No. 464 of 1986 in this Court which came to be dismissed on 5. 10. 1994. Efforts to restore the Appeal also proved futile. Consequent to the death of the father i. e. predecessor in title, the Petitioners acquired right to the said suit land.