MANGALBHAI MADHAVDAS PATEL Vs. K C SAGAR

JUDGEMENT

(1.) Heard learned counsel for the parties. Challenge is made by the petitioner in this Special Civil Application to the order annexure 'A' dated .11.1976 of the respondent No. 2 and the order of the revisional authority of February, 1985, annexure 'B'.

(2.) In the sim of village Soja, there is a land of block No. 1643 admeasuring Acres 3-6 Gunthas which was owned and possessed by the respondent No. 3. The respondent No. 3 sold the aforesaid land, under the registered sale deed dated 6.7.1973, for consideration of Rs. 7,000/- to the petitioner. Later on it appears that the son of respondent No. 3 lodged an objection against the aforesaid transaction and the proceedings were initiated by the respondent No. 2 for cancellation of sale deed under Sec. 9 of the Bombay Prevention of the Fragmentation and Consolidation of Holdings Act, 1947. After notice, under impugned order of November, 1976, the sale deed made in favour of the petitioner was declared to be invalid and further fine of Rs. 50/- has been imposed. The order has also been made for eviction of the petitioner from the land in dispute. The revisional application filed by the petitioner, against the aforesaid order has also been dismissed. Hence this Special Civil Application.

(3.) The counsel for the petitioner contended that in view of the amended provisions of Sec. 31 of the aforesaid Act, both the authorities have committed a serious illegality in declaring the sale deed of the land in dispute made in favour of the petitioner by the respondent No. 3 to be invalid.