Case Note & Summary
The dispute involved lands bearing Survey Nos. 135 and 144 at Jamda, Jalgaon, originally held as Kulkarni Watan. In 1944, the vendor Ramchandra Tembulkar sold the lands to Keshav Patil for Rs. 13,000, giving possession. The Collector refused permission for absolute sale but allowed alienation of only life interest. The Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950 came into force in 1951. Under Section 4(1) thereof, the revenue authorities regranted the lands to the purchaser in 1956, as he was in possession, and he paid the requisite nazarana. The vendor and his successors did not object during his lifetime. In 1976, the vendor's successors (respondents 8–10) challenged the 1956 regrant before the Sub Divisional Officer, who dismissed the appeal in 1977. The Additional Collector allowed a further appeal in 1979 and remanded the matter to the Tahsildar. The Tahsildar then regranted the lands to respondents 8–10 in 1984, which was confirmed by appellate and revisional authorities. The purchasers (appellants) filed Writ Petition No. 4968/1987, which was dismissed by a learned Single Judge. The Letters Patent Appeal (LPA) No. 55/2002 was withdrawn with liberty to seek review. Review Application No. 701/2003 was dismissed, against which Special Leave Petitions were filed before the Supreme Court. The Supreme Court directed the Single Judge to decide specific legal points. On reconsideration, the Single Judge again dismissed the review. The present LPA was filed challenging that dismissal.
Issue of Consideration
LETTERS PATENT APPEAL NO.10 OF 2004
Law Points
- Bombay Paragana and Kulkarni Watans (Abolition) Act
- 1950
- Section 4(1) regrant to person in possession
- alienability of Watan land limited to life interest
- limitation for challenging regrant
- locus standi of vendor's successors
Case Details
2019 LawText (BOM) (01) 24
Letters Patent Appeal No. 10 of 2004 in Civil Application No. 701 of 2003 (for Review) in Writ Petition No. 264 of 1989 (Aurangabad) and Writ Petition No. 4968 of 1987 (Mumbai)
T.V. Nalawade, Sunil K. Kotwal
Mr. R.N. Dhorde, Senior Counsel instructed by Mr. R.L. Kute for Appellants; Mr. M.M. Nerlikar, AGP for State/Respondent Nos. 1 to 7; Mr. P.R. Patil for Respondent Nos. 8A to 10/A-2
Keshavrao Tulshiram Patil (deceased through LRs) and others
The State of Maharashtra & Ors., Dinnath Keshavrao Tembulkar (deceased through LRs) and others
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Nature of Litigation
Civil dispute over regrant of Kulkarni Watan lands under the Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950
Remedy Sought
Appellants sought to challenge the dismissal of their review application by the learned Single Judge, which had upheld the regrant of the lands in favour of the respondents (successors of the original Watandar)
Filing Reason
The appellants were aggrieved by the orders of the revenue authorities regranting the lands to the respondents and the subsequent dismissal of their writ petition and review application
Previous Decisions
Sub-Divisional Officer dismissed appeal in 1977; Additional Collector allowed appeal and remanded in 1979; Tahsildar regranted to respondents in 1984, confirmed on appeal/revision; Writ Petition No. 4968/1987 dismissed by Single Judge; LPA No. 55/2002 withdrawn with liberty to file review; Review Application No. 701/2003 dismissed; Supreme Court directed Single Judge to decide legal points; on reconsideration, Single Judge again dismissed review.
Submissions/Arguments
Appellants (purchasers) contended that the vendor had knowledge of the 1956 regrant and did not challenge it, the appeal was barred by limitation, and the vendors had no locus standi to file the appeal.
Respondents (successors of vendor) argued that the regrant was void because the purchaser was not entitled to regrant, no notice was given to the Watandar, and they possessed reversionary rights.
Judgment Excerpts
Under the provisions of section 4 (1) of the Act and as per the policy of the State Government, … by order dated 1.6.1956 regrant of both the lands were made in favour of purchaser as the purchaser was in possession of both the lands at the relevant time.
It is not disputed that on the basis of sale deed of 1944 mutation was made in revenue record in favour of purchaser and purchaser was shown as owner of the property and in possession column also, the name of purchaser was entered.
Procedural History
1944: Sale deed executed. 1951: Act came into force. 1956: Regrant to purchaser. 1976: Appeal filed by vendors before SDO. 1977: SDO dismissed appeal. 1979: Additional Collector allowed appeal and remanded to Tahsildar. 1984: Tahsildar regranted to respondents; confirmed on appeal/revision. 1987: Writ Petition filed by purchasers. 1989: Writ Petition dismissed. 2002: LPA No. 55/2002 withdrawn with liberty to seek review. 2003: Review Application No. 701/2003 dismissed; SLP filed before Supreme Court. Supreme Court remitted with directions. Single Judge again dismissed review. Present LPA filed.
Acts & Sections
- Bombay Paragana and Kulkarni Watans (Abolition) Act, 1950: Section 4(1)
- Maharashtra Land Revenue Code:
