RAMCHANDRA DAGDU SONAVANE Vs. VITHU HIRA MAHAR

JUDGEMENT

(1.) These appeals are directed against a common judgment and order passed by the High Court of Judicature at Bombay in Writ Petition No. 3667 of 1985 and Second Appeal No. 87 of 1986 dated 01.7.1999, whereby and whereunder the writ petition and the second appeal filed by the respondents herein are allowed and the order passed by Additional Commissioner in Appeal No. A/WIN/SR/9/80 dated 6.4.1985 and the judgment and decree passed by the trial Court in Civil Suit No. 2353 of 1979 dated 10.2.1984 and confirmed in Appeal No. 535 of 1984 dated 18.6.1985 are set aside.

(2.) To appreciate the contentions of the parties, the facts in extenso requires to be noticed and they are :- The suit land was of the category of Mahar Watanlands situated in village Pimpre Khurd, Purandhar Taluk, District Pune. The suit lands originally belonged to Ramabai, wife of Pandu Sonawane and Radhabai wife of Sawale Sonavane. Both of them did not have any issues. The appellants had claimed that their forefathers were the nearest relatives of both the ladies and the property being watanlands, the same vested in them. The appellants had further claimed that Vithu Hira Mahar (for short 'Vithu') had no right, title or interest in the watanlands, however, was cultivating the suit lands after getting the entries made in the records of rights. It was the case of the plaintiffs/appellants before the trial Court, that, when it came to the notice of respective fathers of the plaintiffs, as well as plaintiff No. 2, an application dated 14.08.1940, was filed before the District Deputy Collector for resumption of watanlands which were in possession of Vithu. In the application filed, it was the stand of the applicants that they were the nearest relatives of Ramabai and that Vithu got his name entered in the record of rights fraudulently after the death of Ramabai. They had further contended that Vithu is an outsider and belongs to different family and as such his name could not have been entered in the Peta Account Book. After recording the statement of both the parties, the Deputy District Collector had passed an order dated 18.06.1941, directing the suit lands be returned to the applicants on the ground that the entries in the Peta Account Book made in Vithu's name pursuant to an order said to have been passed in the year 1931 was not traceable and therefore, it is not clear how the name of a person not connected with the family of Watandar was entered in the cash allowance register and, therefore, the watanland requires to be resumed and handed over to the applicants who are the nearest family members of the deceased Watandar and further had directed that the circumstances under which Vithu's name came to be entered in the revenue records was suspicious and the same should be investigated.

(3.) Vithu (respondent No. 1) was the grandson of Ramabai. It is his assertion that he had filed an application on 16.07.1931 before the Mamlatdar under Sections 15 and 18 of the Bombay Hereditary Office Act, 1874, to recognize him as the Watandar with respect to the suit lands. The Mamlatdar said to have passed an order dated 22.10.1931 in favour of Vithu under Sections 15 and 18 of the said Bombay Hereditary Office Act, to enter his name in the Peta Account Book, in the place of Ramabai after declaring that Vithu was the adopted son of Ramabai.