HANUSINGH HARSINGH CHAVAN Vs. AMNAJI BHAURAO WADJE

JUDGEMENT

(1.) Challenge in this Appeal is to Decree for specific performance of an agreement of sale.

(2.) Appellants are original Defendant Nos. 1 and 2. They are real brothers inter-se. Respondent No.1 Amnaji is original Plaintiff and Respondent No.2 Vijay is original Defendant No.3. Appellant No.1 Hanusingh is agriculturist in whose name land bearing Survey No.42 of Mukhed was declared as a statutory tenant under provisions of Section 38-E of the Hyderabad Tenancy and Agricultural Lands Act, 1950. Deceased appellant No.2 Rajasingh was a registered medical practitioner.

(3.) Subject matter of the suit is three (3) acres land out of Survey No.42, which admeasured 4 acres 20 gunthas, as described in the claim clause. Though the land Survey No.42 was cultivable in the past and was being used for agricultural purposes, yet due to a proximity of a State Transport Bus Stand, it was converted to non agricultural use. Already remaining one (1) acre twenty (20) gunthas land is divided into plots which are sold away. The suit land is the only parcel of the land which is lying fallow and is yet not actually being used for non agricultural purpose.