DIGAMBER Vs. KACHRU DEAD

JUDGEMENT

(1.) This appeal arises out of the judgment dated 13.01.2005 passed by the High Court of Bombay at Aurangabad Bench in Writ Petition No.1389 of 1989 whereby the High Court held that the predecessors in title of the appellants namely Vasudeo and Chandu cannot take advantage of Section 5 of the Hyderabad Tenancy and Agricultural Lands Act, 1950.

(2.) Kisan Punde, predecessor in title of the respondents namely Vithal, Tukaram, Kachru and Madan (erstwhile respondents No.1 to 4) was the owner of the agricultural land. The suit land was owned by Kisan Punde/father of respondents No.1 to 4 herein and the land was mortgaged to one Vasudeorao for Rs.200/- in 1941 and which was further mortgaged to Chandu Narsingh Pardeshi/father of appellants in the year 1942. Possession of the suit land was given to Vasudeorao who gave possession to the father of the appellants. Appellants are thus the mortgagees of the suit land admeasuring 29 acres and 4 gunthas situated at Dhondalgaon, Aurangabad and they are in possession since 1942 vide mortgage deed dated 25.02.1942. Chandu/father of appellants has alienated 5 acres of land to respondents Bakru s/o Rangnath and Sheelabai w/o Uttamrao Deshpande.

(3.) Aggrieved by such alienation, sons of Kisan namely Vithal, Tukaram, Kachru and Madan filed petition before the Additional Collector, Aurangabad for termination of the mortgage and restoration of possession under Section 10 of the Prevention of Agricultural Lands Alienation Act, 1939 read with Section 103 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. The said application was allowed exparte on 27.07.1984. The said order was challenged before the Additional Commissioner. The Additional Commissioner in appeal remanded the case to the Additional Collector on 12.03.1986 with a direction to decide the matter afresh after giving opportunity of hearing to both the parties.