STATE OF MAHARASHTRA Vs. CHINTAL MAISAYYA

JUDGEMENT

(1.) The above First Appeal takes exception to the judgment and decree dated 31.3.1994 passed by the learned 2nd Joint Civil Judge, Senior Division, Chandrapur by which the suit filed by the respondents herein came to be decreed and the appellant herein was directed to pay an amount of Rs.54,162.75 which was the total amount arrived at after calculating the interest @ 6% p.a. on the principal amount of Rs.37,353.60 and the said interest was to be paid to the plaintiffs from the date of the institution of the suit till recovery of the entire amount. The defendant no. 1 was also directed to pay notice charges of Rs.100/- as well as pay costs of the suit to the plaintiffs.

(2.) The parties would be referred to, as per their nomenclature, at the trial stage. The factual matrix involved in the above First Appeal can be stated thus :

(3.) It was the case of the plaintiffs that the said order dated 17.3.1986 passed by the Sub-Divisional Officer Rajura to recover excess amount of Rs.38,250/- is illegal and void, inter alia, on various grounds, primarily that the said order was passed by the S.D.O. without any jurisdiction, that the said order was in violation of the Maharashtra Agricultural Lands (Lowering of Ceiling on Holdings) (Distribution of Surplus Land) and (Amendment) Rules, 1975. (for the sake of brevity "the Rules").