SYED GURFAN Vs. REKHA RAMDAS PANDE

JUDGEMENT

(1.) Since both these appeals raise a challenge to the judgment of the Appellate Court dated 06/01/2003, they are being decided by this common judgment.

(2.) The facts in brief are that one Shri Kapurchand Sancheti was the owner of Survey No.516/1. He prepared a layout and one plot therefrom was purchased by Shri Shankarrao Takarkhede on 21/11/1978. Said Shri Takarkhede subdivided the plots and the plaintiff purchased area admeasuring 3605 sq. ft. on 25/06/1987. According to the plaintiff he had put a fencing on the plot purchased and he was residing away from the suit property due to his service. The plaintiff learnt that the fencing of the plot has been removed and hence on making enquiry, it was revealed that in proceedings for recovery of land revenue, the portion of the suit property to the extent of 1855 sq. ft was sold in an auction and it was purchased by defendant No.3. This auction took place on 29/03/199 According to the plaintiff, the prescribed procedure under the Maharashtra Land Revenue Code, 1956 (for short, the Code) while conducting the auction was not followed. No notice demanding arrears was ever served on the plaintiff. On that count he filed the aforesaid suit for a declaration that he was the owner of the suit property and that the auction sale held on 29/03/1992 and all other subsequent proceedings therein were bad in law. A prayer for possession also came to be made.

(3.) After the parties led evidence, the trial Court decreed the suit and held the plaintiff to be the owner of the suit property. The auction sale was held to be invalid on the count that the plaintiff was not in arrears of land revenue. Accordingly the defendant No.3 was directed to restore possession of the suit property.