NARIMAN SORABJI PAREKH Vs. RAMCHANDRA JANU MHATRE

JUDGEMENT

(1.) The petitioner is decree holder. He obtained a Decree ,on the Original Side-of this Court in Summary Suit No. 712 of 1967 against the respondent for a sum of Rs. 33,517 on the 14th June, 1968. He then took out execution after getting the Decree transferred to the Court of the Civil Judge, Senior Division, Alibag. That was Special Darkhast No. 28 of 1969. In that Decree, the petitioner got two lands from Village Salav, Taluka Murud, being Survey Nos. 1 and 66/1B attached in execution. The property was put up for sale and the sate proceedings began from Jan. 1972. The sale was adjourned on various occasions for want of bidders on as many as twenty occasions.

(2.) Finally on the 10th Aug., 1973 the petitioner applied to the Civil Judge, Senior Division, Alibag, for permission to bid. In view of the fact that no bidders were coming forward though Public Notice as well as Notices in the newspapers were widely circulated, that permission was granted and the petitioner gave a bid for Rs. 21,101. He was also allowed the set-off on that amount against his decretal dues. The confirmation proceedings were, however, pending and the sale was not confirmed.

(3.) In the meantime, the petitioner applied under section 63 of the Bombay Tenancy and Agricultural Lands Act, 1948 (B. T. and A. L. Act) on the 8th April, 1974, to the Assistant Collector, Mahad, Sub-Division, to purchase this land viz Survey Nos. 1 and 66/1B of Village Salav, ad-measuring respectively 11 Acres and 36 Gunthas and 28 Acres and 15 Gunthas.