NARAYAN MUGU TELI Vs. RAMCHANDRA MUGU TELI

JUDGEMENT

(1.) THIS appeal by original defendant No. 1 directed against the judgment and order dated 28. 8. 1986 passed in First Civil Appeal NO. 468/86 by the learned Addl. District Judge, Ratnagiri, whereby the judgment and decree dated 25. 8. 1982 passed in Civil Suit No. 7/79 by the learned Civil judge, Jr. Dvn. , was confirmed. Briefly, stated the relevant facts are as under :

(2.) THE above mentioned suit was filed by respondent No. 1 for declaration of his title ahd for a direction to delete the names of the appellant and other respondents from the revenue record in respect of the suit lands. It is the case of respondent No. 1 that the 10 suit lands which are agricultural lands at village Ambadbudruk, Tal. Sangmeshwar, Dist. Ratnagiri alongwith the other lands, were acquired by his father Mugu Balu Teli under the provisions of the Bombay tenancy and Agricultural Lands Act (for short, the b. T, and A. L. Act ). The appellant and respondents nos. 1 to 3 are the sons and deceased respondent no. 4 is the widow of the suit Mugu Balu Tell. The respondent No. 1 further contended that the said mugu Balu Teli became purchaser of the suit land on 1. 4. 1957 under section 32 of the B. T. and A. L. Act. Accordingly all the suit lands were entered in the name of Mugu Balu Teli as owner (Kabjedar) thereof. Respondent No. 1, further pleaded that Mugu Balu teli died on 8. 1. 1976. But before his death he had made a registered will under which he bequeathed all the suit lands to respondent No. l. However, after the death of Mugu Balu Teli, the Revenue authorities made a mutation entry No. 3779 on 1. 10. 1976 as per which the names of the appellant and respondent Nos. 1 to 4 were entered in the revenue record in respect of the suit lands as the legal heirs of Mugu Balu Teli, Respondent No. 1 thereafter, approached the revenue authority with a request to make entry in his sole name as the suit lands were bequeathed to him alone by Mugu Balu teli. This request was, however, not granted on the ground that Mugu Balu Teli had not obtained any previous permission of the Collector for bequeathing the suit lands in favour of respondent no. 1. Respondent No. 1 thereafter filed R. T. S. Appeal No. 6/1977 before the Dy. Collector, who allowed the same on 30. 6. 1978 and directed the entries in respect of the suit lands to be taken in the name of respondent No. 1 alone. Feeling aggrieved thereby the appellant filed an appeal before the Addl. Collector, Ratnagiri, who by his order dated 7. 11. 1978 allowed the same and set aside the order passed by the Dy. Collector. According to respondent No. 1, the appellant has no right in the suit lands and that he had separated himself from Mugu Balu Teli several years prior to his death and that he had also got some of the lands at Mugu Balu Teli entered in his own. name. Respondent No. 1 further pleaded that he and his mother (deceased respondent No. 4) and Mugu Balu teli were jointly residing together and cultivating the suit lands and that the appellant and two other brothers were living separately. According to him it was he who was maintaining the father Mugu Balu teli.

(3.) THE appellant resisted the suit by filing his written statement and contended that the suit lands are the joint family lands and not self acquired property of deceased Mugu Balu Teli. He further denied the execution of will by deceased Mugu Baiu teli in favour of respondent No. 1 and contended that it is not valid. The respondents Nos. 2 and 3 did not contest the suit while the deceased respondent No. 4, namely, the mother Janki filed a pure his, admitting the claim of respondent No. 1.