SUBHERDEVI CHANDRADEO VARMA Vs. INDRAMANI GANGAPRASAD VARMA

JUDGEMENT

(1.) THE respondent has been served but none present. The matter pertains to the year 1988. Hence, it is heard and decided treating the respondent ex parte .

(2.) THE suit property is a building known as " Ganga Niwas " standing on Cadestral Survey No.1284, Fort Division and bearing Bombay Municipal Corporation No.A Ward 2087 situated on the junction of Modi Street and Manohardas Street at H.S.C. No12/14, Modi Street , Fort, Bombay . The suit property was purchased by Chandradeo Gangaprasad Varma , the husband of the petitioner. During his life time, his father Gangaprasad Ramdhan Varma was alive. Chandradeo died on 15 4 1969 and much thereafter Gangaprasad died on 29 4 1982 . The respondent is one of the sons of the said Gangaprasad . As the entire suit property was purchased by Chandradeo out of his earnings, he had kept it in his own name. To give respect to the father, name of Gangaprasad was also kept on record. All the taxes and other things were being paid by the said Chandradeo and after him by the petitioner, as averred by her.

(3.) THE Respondent filed an appeal to the Collector of Bombay. The Collector did not admit the appeal by holding that the order of the Superintendent of Land Records was under Section 287 of the Land Revenue Code and, therefore, appeal lies to the Maharashtra Revenue Tribunal. The appeal before the Collector was dismissed by order dated 16 4 1987 .