SHARIFABI W/O ASEFUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal under sec. 100 of the Code of Civil Procedure by the original plaintiff 's legal representatives, challenges the concurrent findings of the two courts below refusing to grant the relief of declaration of appellant 's title to the suit land and possession. They also claimed a declaration that the orders passed by the Deputy Collector dtd. 30/9/1965 and 17/7/1978, declaring the suit land being survey no. 43 admeasuring 23 Acres 5 Gunthas situated at village Digras, Taluka - Hadgaon, District - Nanded was surplus in an enquiry under sec. 14 of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 (hereinafter referred to as "Ceiling Act ").

(2.) The sum and substance of the averments in the plaint are to the effect that original plaintiff Sharifabi was legally wedded wife of the respondent no. 11 - Asefuddin, who was the defendant no. 11 in the suit. Their marriage was solemnized on 30/5/1956. The suit land was given to her under Mehrpatra dtd. 11/3/1959. The respondent no. 11 also put her in possession and since that date, she had become the absolute owner and continued to enjoy possession.

(3.) She then averred that the proceeding under sec. 14 of the Ceiling Act commenced. Respondent no. 11 submitted returns on 23/11/1962, disclosing his total holding to be 124 Acres 7 Gunthas. The proceeding proceeded and concluded with the passing of the order in respect of which a declaration was claimed. It has been her case that inspite of the owner of the suit land, she was never issued any notice of the proceeding as is required by sec. 17 of the Ceiling Act. When the enquiry was going on, respondent no. 11 never disclosed about existence of such Mehrpatra which resulted in passing of the order under challenge. Thus, she claimed the declarations as mentioned herein-above and possession of the suit property.