ALKA BABURAO DHANAWADE Vs. SULOCHANA SHANKAR GADKARI

JUDGEMENT

(1.) The Appellants before this Court are the original Defendant Nos. 1 to 4 who are dissatisfied by the Judgment dtd. 23/8/2011 passed by the Appellate Court in Regular Civil Appeal No. 10 of 2007 allowing the Appeal of the Plaintiffs and restraining the Defendant Nos. 1 to 4 from obstructing the Plaintiffs possession over the suit property and from entering into the suit property. Vide order dtd. 21/6/2013 the Appeal was admitted by this Court. For the sake of convenience, the parties are referred to by their status before the Trial Court. FACTUAL MATRIX :

(2.) Regular Civil Suit No. 161 of 2003 was instituted by the Plaintiffs seeking perpetual injunction from disturbing the Plaintiffs possession and from entering the suit property. The Plaintiffs came with a case that the Plaintiff Nos. 1 and 2 and Vilas are the daughters and son respectively of Shankar Dhondi Gadkari who expired on 15/10/1976. Plaintiff Nos. 3 and 4 are the wife and daughter of Vilas. Vilas expired on 17/5/2003 leaving behind him the Plaintiffs as legal heirs. Defendant No. 1 claims to be the wife of Vilas and Defendant Nos. 2 to 4 claim to be children of Vilas, however, they have no concern with suit property or Vilas.

(3.) The suit land was tenanted land which was being cultivated by Shankar during his lifetime and thereafter by Vilas, Shankar's wife and Plaintiff Nos. 1 and 2. As Vilas was the male member of the family, his name was entered into the crop cultivation column. The suit property is in the possession of the Plaintiffs since their ancestors under the tenancy laws. As the land was Inam land and not re-granted, proceedings under Sec. 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 were deferred. The original landlord by suppressing the fact that the suit land was not re-granted obtained order in his favour in Sec. 32G proceedings on 13/4/1977. Appeal was preferred by Plaintiffs which was allowed by Maharashtra Revenue Tribunal and the Tribunal passed an order of payment of regrant amount and to commence the Sec. 32 G proceedings.