SHAHURAO DEOKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Challenge in this petition is to the orders passed by the Courts below rejecting application for temporary injunction restraining acquiring body and other private respondents from disturbing possession of plaintiff over the suit property.

(2.) The petitioner filed a suit for injunction which was subsequently amended to include prayer of declaration against the State of Maharashtra and acquiring body alleging that defendant No.8 was the original owner. The petitioner was protected tenant. In the year 1969, the suit property was acquired. Defendant No.8 and plaintiff received compensation. Formal possession was handed over to the acquiring body. However, the actual possession remains with the plaintiff.

(3.) In the year 2001-2002, the plaintiff was put in possession of the suit property for cultivating the suit land for period from 1/8/2022 to 30/6/2003 after accepting amount of Rs.4,800.00.