MAHADEVA Vs. TANABAI

JUDGEMENT

(1.) Tanabai, the respondent herein, is the daughter of late Nivriti Vithoba Laad. Nivriti Vithoba Laad owned and possessed land survey No. 48/1 mearsuring 14 acres 15 guntas in the village Ravatagaon. It appears that Nivriti Vithoba Laad executed an agreement to sell the said agricultural land in favour of the defendants and also delivered possession thereof to the prospective vendees. Nivriti Vithoba Laad died. The plaintiff, Tanabai is the sole legal heir of Nivriti Vithoba Laad. On 22-11-1978 Tanabai filed a suit for declaring the agreement dated 4-4-1967 as null and void and seeking recovery of possession over the land from the defendants. The suit was contested by the defendants submitting that the agreement was valid and binding on the plaintiff; that the defendants were in possession of the property under the agreement and entitled to protect their possession under S. 53-A of the Transfer of Property Act; and that they had also perfected the title by adverse possession over the land.

(2.) The plea of the defendants claiming acquisition of title by adverse possession has been negatived by all the three Courts up to the High Court. However, the plea under Section 53-A of T. P. Act found favour with the trial Court and the First Appellate Court resulting into dismissal of the suit. The agreement was held to be valid and binding on the plaintiff.

(3.) The plaintiff preferred Second Appeal which was admitted for hearing on following two questions of law framed by the High Court :-