LIMBRAJ WAMAN YEDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD.

(2.) RULE. Rule made returnable forthwith. With consent of parties, taken up for hearing forthwith.

(3.) THE petitioners are agriculturists and residents of village Vaijala, Tq. Patoda, District Beed. The lands S. Nos. 7, 8 and 11 situated at village Vaijala were originally held by one Fakira who had five sons. One of the sons of fakira namely Babasaheb died during the life time of Fakira. Fakira died in the year 1970. In the year 1986, there was partition of the lands between four sons of Fakira and the legal representatives of deceased Babasaheb. Vishwanath Fakira and Gopinath Fakira sold their shares in the lands to the petitioners Nos. 3 and 2 respectively. 1/5th share of Waman Fakira is devolved upon his son Limbraj i. e. petitioner No. 1. The 1/5th share is in possession of legal representatives of deceased Babasaheb and remaining 1/5th share is held by Narhari Fakira the uncle of petitioner No. 1.