MADAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition takes exception to the judgment and order dated 20th April, 1992 passed by the Additional Commissioner, Aurangabad Division, Aurangabad in Case No. 1978/ICH/R/2766.

(2.) It is the case of the petitioner that, the petitioner is resident of village Shelapuri, Tq. Majalgaon. It is the contention of the petitioner that, one Rambhau Nana Ghyatidak was the owner of Survey No. 35/AA admeasuring 9A 14G assess at Rs. 15.54 paise situated at village Umbari (Bk), Tq. Majalgaon to the extent of 1/2 share and also Sy. No. 36 Adm. 9A 39G assess at Rs. 13.94 paisa in which the said Rambhau had also 1/2 share. The proceeding under the ceiling Act had been initiated against the said Rambhau by the Tahsildar Majalgaon vide file No. 77ICH402. Said Rambhau in response to the notice appeared before the S.L.D.T., Majalgaon and filed his return as required by law. The S.L.D.T., Majalgaon after considering the evidence on record came to the conclusion that said Rambhau S/o Nana Ghaytidak was not the surplus land holder by its judgment and order dated 09th May, 1977.

(3.) It is further case of the petitioner that, said Rambhau Nana Ghaytidak had contracted to sale land Sy. No. 35/AA to the extent of 1/2 share having share in the well and pond and Sy. No. 36 to the extent of 1/2 share to the petitioner for the consideration of Rs. 32,500/on 21st February 1978 and executed an agreement of sale which is registered in favour of the petitioner and put the petitioner in possession, as the petitioner was cultivating the said land on batai basis. The said agreement of sale came to be registered after the decision of S.L.D.T., Majalgaon.