DINKAR DADA MAHADIK Vs. SHRIRANG DADA MAHADIK

JUDGEMENT

(1.) THIS second appeal, at the instance of original plaintiff No. 2, arises on the following facts: - The properties in suit originally owned by one Jagubai wd/o Yeshwant Jadhav. She had adopted one Jayvant Yeshwant Jadhav as her son. After the death of Jagubai, Jayvant succeeded to her estate in the suit lands. The suit lands were mortgaged to and in possession of Bala Krishan and Dada Krishan. In 1963 Jayvant however redeemed the mortgage and obtained possession of the lands through Court.

(2.) ON June 24, 1965 Jayvant executed a registered agreement of sale in favour of plaintiff No. 1 and on November 30, 1965 executed a regular sale deed in his favour. On October 12, 1965 the defendant filed a tenancy application under Section 70 -B of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, the Act), inter alia, claiming that he was inducted as a tenant on the lands by Jayvant in the year 1963. The plaintiff purchaser was, however, not made a party to the said proceedings. The Tenancy Authority, however declared the defendant as the tenant on April 30, 1969. Jayvant carried the matter in appeal but the appeal was dismissed on September 19, 1970, and also the revision before the Revenue Tribunal on September 7, 1972.

(3.) THE suit was contested by the defendant. One of the contentions raised was that the defendant is a tenant with possession, and sale deed in favour of plaintiff No. 1 would not affect his right. Another contention was raised by contending that the sale deed was executed during the pendency of the tenancy proceedings between the defendant and Jayvant and, therefore, the transaction between plaintiff No. 2 and Jayvant was hit by the principle of Us pendens.