NARAYAN Vs. GANGADHAR

JUDGEMENT

(1.) This petition is filed challenging the judgment and order passed by the Additional Commissioner, Nashik Division, Nashik, dated 30.07.1992 in Appeal No.LND369/ 82, which is at annexure "F" to the petition.

(2.) It is case of the petitioner that the suit land is comprised in Survey No. 16, admeasuring 18 acres 6 gunthas and pot kharab 20 gunthas, assessed at Rs. 19.94 ps., situated at village Sheri, Tal. Jamner, Dist. Jalgaon. It is case of the petitioner that the suit land was allotted to the father of respondent No.1. i.e. Trimbak Supun Belpatre on an inalienable and impartible tenure, by the SubDivisional Officer, Chalisgaon, in the year 1963. After death of Trimbak, his son i.e. respondent No.1 has entered into an agreement of sale of the suit land with the petitioner in the year 196364 and in view of the said agreement of sale, the petitioner was put in possession of the suit land in the year 196465.

(3.) According to the terms of agreement of sale on 21.06.1963, respondent No.1 has filed application to the Collector, Jalgaon for seeking permission to sell the suit land to the petitioner. The statement of respondent No.1 was recorded by the Circle Officer, Shendurni and in the said statement respondent No.1 has admitted that he has filed application on 21.06.1963 to the Collector, Jalgaon for permission to sell suit land to the petitioner.