BHAU RAMCHANDRA SUTAR Vs. BAPUSAHEB ANNU PATIL

JUDGEMENT

(1.) Heard Mr. Walawalkar for the petitioner Respondent No. 3 is represented by Mr. Malwankar A.G. P.

(2.) The petitioner is a karta of joint family. It owns certain land at village Halondi, Taluka Hatkanangale, District Kolhapur, jointly with respondent No. 2. Respondent No. 2 along with her daughters sold their share to respondent No. 1 by a registered sale deed on 10th April 1981. That sale deed was challenged by the petitioner in February 1982, on the ground that the said land was a fragment and could not have been sold in view of the provisions of the Bombay Prevention of Fragmention and Consolidation of Holdings Act, 1947 (hereinafter referred to as "the said Act").

(3.) There have been a number of innings thereafter from time to time and in this petition we are concerned with the last order dated 1st April, 1989, passed by the Assistant Collector, Kolhapur, in a revision filed by respondent No. 1 and 2 whereby that revision came to be allowed and the order of Tahsildar against the respondents was set aside.