ASHOK YESHWANT DHUMAL Vs. SHANKAR MARUTI DHUMAL

JUDGEMENT

(1.) THIS second appeal is preferred by the original plaintiffs whose suit for possession of the suit and from the respondent No. 1 has been dismissed by the learned Second Additional District Judge, Satara on the ground that the Civil Courts have no jurisdiction to entertain the dispute in view of the bar contained in section 36-A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. Earlier, the trial Court had decreed the suit.

(2.) THE facts in brief are as follows : consolidation proceedings were initiated in village Sonake, Taluka Koregaon under the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947, hereinafter referred to as the Act. Two blocks known as Gats were formed by consolidating the lands of the appellants viz. Shankar, the respondent No. 2, Sarjerao Laxman Dhumal and some other persons. It is an admitted position that the two blocks bearing Gat No. 1428 and 1429 were formed as follows :

(3.) THE appellants filed the present suit claiming that they had given possession of land Survey No. 199/4-B plus 5 to the respondent No. 1 only for a period of three years from 1972 to 1975 in consideration for a loan taken from the respondent No. 1. This land is described in the plaint as Property No. 1-A. According to the plaintiff, after the expiry of the period of three years the possession of the respondent No. 1 became unauthorised and unlawful. He, therefore, sought possession of these lands. This suit was filed in the year 1979.