GANGADHAR SONU SONAWARE Vs. NAMDEO BHAUSINGH SONAWANE

JUDGEMENT

(1.) By this appeal, Appellants challenge Judgment and Decree dtd. 16/1/2024 passed by the District Judge-3, Malegaon, District-Nashik in Regular Civil Appeal No.73 of 2023. The first Appellate Court has allowed the appeal filed by original Plaintiffs (Respondent Nos.1 to 13) and has reversed the order dtd. 28/7/2023 passed by the Joint Civil Judge, Senior Division, Malegaon, District-Nashik in Regular Civil Suit No.66 of 2023. The Suit, which was dismissed by the Trial Court under the provisions of Order VII Rule 11 of the Code of Civil Procedure, has been restored by the first Appellate Court.

(2.) Respondent Nos. 1 to 13 are Plaintiffs in Regular Civil Suit No.66 of 2023, to which Appellants are impleaded as Defendants. Agricultural land bearing Gat No.748, admeasuring 13 Hectors 33 R plus pot kharaba (wastage) 1 Hector 11 R totally admeasuring 14 Hectors 44 R at Village-Zadi, Taluka-Malegaon, District -Nashik is the 'suit land'. Ancestors of Plaintiffs claimed tenancy rights in the suit land and filed proceedings under Sec. 32-G of Maharashtra Tenancy and Agricultural Lands Act, 1948 (Tenancy Act), which came to be rejected by the Tehsildar and Agricultural Lands Tribunal (ALT) by order dtd. 25/8/1960. The landowners (ancestors of Defendant Nos. 1 to 13/Appellants) filed proceedings bearing 561 of 1963 before Tehsildar for return of the suit land, which was in possession of Plaintiff's ancestors. Tehsildar and ALT passed order dtd. 10/1/1963 directing that the possession of the suit land be handed over to the land owners and for that purpose ancestors of Plaintiffs, claiming to be tenants, were directed to be summarily evicted from the suit land under provisions of Sec. 32P(2) of the Tenancy Act.

(3.) It is the case of Plaintiffs that despite passing of order dtd. 10/1/1963, ancestors of Defendants did not take any steps for recovery of possession of the suit land from Plaintiffs and that accordingly, the suit land remained in their possession. The ancestors of Plaintiffs filed proceedings before the ALT under Sec. 32G of the Tenancy Act bearing Case No.07 of 1988, which came to be rejected by order dtd. 20/9/1993 on the ground that the tenancy claims were earlier decided on 25/8/1960. The Plaintiff's ancestors filed appeal before Sub-Divisional Officer, Malegaon (SDO), bearing Tenancy Appeal No.1 of 1995, which came to be rejected on the ground of delay on 25/8/1995. Appeal No.24 of 1996 was filed before Maharashtra Revenue Tribunal, which came to be partly allowed on 29/10/1996 and SDO was directed to decide the appeal on merits. Accordingly, SDO Malegaon decided the appeal on merits and rejected the same by order dtd. 6/2/1998. It appears that in the meantime, Defendant Nos. 1 to 13 executed sale deed of suit land in favour of Defendant Nos.14 to 17.