Case Note & Summary
The petitioner, Nimba Bula Patil, filed a writ petition challenging the judgment and order dated 26.3.1991 passed by the Member, Maharashtra Revenue Tribunal, Bombay camp at Dhule, in LRC. TRB C 1/1988 along with appeal No. LRC.TRB.6 of 1990. The subject matter of the petition is land survey No. 110/2 admeasuring about 9 Acres and 21 Gunthas, originally belonging to Pandit Shankar Patil (respondent No.4). Pandit Shankar Patil exchanged the land with Ananda Sonu Kokani (respondent No.3), a tribal, for his land survey No.492. Thereafter, respondent No.3 sold the land to the petitioner in 1971 for Rs.5000/-. The petitioner claimed that the sale was valid under Section 36 of the Maharashtra Land Revenue Code, 1966, as it then stood, which recognized the heritable and transferable character of property. The petitioner took possession and made improvements. Subsequently, there were amendments to Section 36, and the Revenue Tribunal ordered restoration of possession to the tribal vendor. The petitioner argued that the sale was valid at the time of transaction, and the Tribunal's order after 20 years was unjust. The court held that the sale in 1971 was valid under the unamended Section 36, and the petitioner's possession could not be disturbed after such a long delay. The court allowed the petition, quashed the Tribunal's order, and directed that the petitioner's possession be protected.
Headnote
A) Land Revenue - Transfer of Tribal Land - Validity of Sale - Section 36 of Maharashtra Land Revenue Code, 1966 - The sale of land by a tribal to a non-tribal in 1971 was valid as Section 36 then recognized heritable and transferable property rights. The subsequent amendment restricting transfers cannot retrospectively invalidate a prior valid sale. (Paras 4-6) B) Limitation - Restoration of Possession - Delay and Laches - The Revenue Tribunal's order to restore possession after 20 years of the sale and 15 years of the amendment was held to be unjust and contrary to law, as the petitioner had been in continuous possession and had made improvements. (Paras 5-7) C) Possession - Improvement by Purchaser - Equity - The petitioner, having purchased the land in good faith and made substantial improvements, cannot be dispossessed after such a long period, especially when the tribal vendor never sought restoration. (Paras 4-7)
Issue of Consideration
Whether the sale of land by a tribal to a non-tribal in 1971 was valid under Section 36 of the Maharashtra Land Revenue Code, 1966 as it then stood, and whether the petitioner's possession could be disturbed by the Revenue Tribunal after 20 years.
Final Decision
The writ petition is allowed. The judgment and order dated 26.3.1991 passed by the Member, Maharashtra Revenue Tribunal, Bombay camp at Dhule, in LRC. TRB C 1/1988 along with appeal No. LRC.TRB.6 of 1990 is quashed and set aside. The petitioner's possession over land survey No. 110/2 is protected.
Law Points
- Section 36 of Maharashtra Land Revenue Code
- 1966
- Transfer of property by tribal
- Validity of sale before amendment
- Possession based on valid title
- Restoration of possession after long delay
