STATE OF MAHARASHTRA Vs. SURYAKANT SAKHARAM RANE

JUDGEMENT

(1.) Heard the respective Counsel. Substantive questions of law in the present Second Appeal are as follows :

(2.) The facts of the case are as follows :

(3.) It is admitted that on 27/1/1975 the plaintiff had purchased the suit property from one Mr. Raghunath Baba Bhat Dhavalikar, who happens to be the defendant No. 4 in RCS No. 372 of 1982. That Raghunath Dhavalikar was shown as a kabjedar (person residing in or using a property as its owner) and therefore, notice was issued to the defendant No. 4. Defendant No. 4 had not filed any written statement. He had received the compensation by virtue of the award that was passed on 16/11/1978 and the defendant No. 4 had received compensation towards acquisition of the said land. It was a matter of record that defendant No. 4 had earlier purchased the said property by a registered sale deed and had sold the property to the plaintiff.