PAIKU CHINDHU SUPER THROUGH LRS Vs. NARAYANDAS CHANDUMAL

JUDGEMENT

(1.) The unsuccessful petitioners in Writ Petition No. 2537/1984 have questioned judgment dated 5-9-1991 delivered therein. The dispute arises out of allotment of evacuee agricultural lands Survey Nos.97 and 100, situated at village Lapka, Tahsil - Ramtek, District - Nagpur. Briefly stated, the said lands were initially allotted on 27-6-1956 to respondent No. 1 Narayandas in present Letters Patent Appeal. Thereafter, the same have been allotted to one Rijhumal on 18-10-1957 and the present appellants have purchased said lands from Rijhumal on 15-5-1967. By judgment delivered by Authorised Chief Settlement Commissioner, Maharashtra State at Bombay in Department Reference No. 1/1976, allotment made in favour of Late Rijhumal, has been set aside. This order was questioned by the purchasers from Late Rijhumal in Writ Petition No. 2537/1984 and that writ petition has been dismissed.

(2.) We have heard Advocate Shri N. S. Bhattad, learned counsel for the appellants, Advocate Shri N. W. Sambre, learned counsel for respondent No. 1(c) and learned Assistant Government Pleader Shri A. D. Sonak for respondent No. 5.

(3.) After narrating the facts, Shri Bhattad has contended that Narayandas had given up his claim for allotment of agricultural lands and was interested in Shop No. 34. Because of this, the said agricultural lands were available for allotment again and have been allotted after following due procedure to Late Rijhumal on 18-10-1957. The possession of said land was never delivered to Narayandas and no Sanad was executed in his favour. On 23-9-1965, Sanad of said land came to be granted in favour of Rijhumal and, thereafter, appellants purchased that property vide registered sale deed on 15-5-1967.