SHEVANTABAI MARUTI KALHATKAR Vs. RAMU RAKHAMAJI KALHATKAR

JUDGEMENT

(1.) This appeal filed by the original owner of the suit land is directed against the judgment of the High Court of Bombay in Second Appeal No. 221/83.

(2.) Pursuant to an agreement of sale, the appellant sold the suit land to the respondents under a registered sale deed. On the basis of the sale in their favour the respondents filed a suit for possession in the Court of the Civil Judge, Junior Division, Khed. The trial Court decreed the suit in spite of the objection raised by the plaintiff that the sale transaction was void as the land was a fragment and sale of such land is prohibited under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947.

(3.) Aggrieved by the judgment and decree passed by the trial Court the appellant preferred an appeal to the Court of Extra Assistant Judge, Pune. The learned Assistant Judge allowed the appeal as he was of the opinion that the sale transaction was void and therefore the respondents did not derive any title to the land thereunder. The respondents approached the High Court and their appeal has been allowed.