PUTALABAI LAKHU PAWAR Vs. SHIVA DHONDI PAWAR

JUDGEMENT

(1.) One Lakhu Bala Pawar was the owner of the suit land bear-fag Gat No. 353 admeasuring 1 acre 25 gunthas situated at village vahagaon in Karad Tahsil of Satara district. On 23-6-1964, Lakhu sold this land to both the defendants for an amount of Rs. 700/-(vide Ex. 46). On the same day the defendants executed another agreement Ex. 41 in favour of Lakhu agreeing to reconvey the land to Lakhu for the same amount after the end of the year after repayment of the amount.

(2.) This transaction was validated under Section 81AA of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947 (hereinafter referred to as the "Fragmentation Act") by paying the prescribed penalty. In fact I shall point out that this validation was also not at all necessary in this case. After the death of Lakhu all his heirs and legal representatives who are plaintiffs 1 to 8 in this suit gave a notice dated 3-1-1968 to the defendants for reconveyance of the land after offering the amount of Rs. 700/- to them. Both the defendants declined and hence the plaintiffs filed this suit.

(3.) The defendants, inter alia, resisted the suit on the ground that it is a fragment under the Fragmentation Act and that is only the point which survives in this appeal and we are not concerned with the other contentions that were raised.