SAKHARAM SHRAWAN BHISE Vs. RAMESH DHANNU RATHOD

JUDGEMENT

(1.) Admit on the following substantial question of law:-

(2.) The appellant is the original defendant in the suit filed for declaration by the respondent herein that he was the owner of Field Survey No.2/1/A admeasuring 1 hectare 21 Are on the basis of a Will executed on 18th February, 2006 by one Tukaram Hari Rathod in his favour. According to the plaintiff, said Tukaram was unmarried and the plaintiff being his nephew, such Will was executed bequeathing the suit property to the plaintiff. As the defendant was in possession on the basis of a lease alleged to be granted by said Tukaram, the suit for possession came to be filed.

(3.) In the Written Statement, it was pleaded that the land in question was found to be excess holding of the erstwhile owner. Under the provisions of the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961 [for short, "the Act of 1961"] it was treated as excess land and was allotted to Tukaram. Said Tukaram on 5th February, 1992 executed a lease for a period of ninety-nine years in favour of the wife of the defendant - Yashoda and on that basis, the defendant was in possession.