KISAN RAOJI MANJARE Vs. BABAN KONDIBA GADE

JUDGEMENT

(1.) This is a defendants second appeal.

(2.) The facts which are no longer in dispute before me as having been either admitted in pleadings or having been concluded by findings of fact of the District Court are these: The plaintiff-respondents owned half undivided share in Survey Nos. 87/4-B, 87/5, 87/6 and 85/12 of village Manjarwadi. By a registered Sale-Deed dated 11th July, 1968 he sold away this undivided half share to the defendant-appellant. On the same day, the latter executed an Agreement to reconvey the lands to the former within 15 years meanwhile Consolidation Scheme under the Bombay Prevention of Fragmentation and Consolidation of Holding Act (hereafter the Act for short) came into force in that village. The original four lands came to be formed into a Block bearing No. 355. In 1977, the plaintiff sued the defendant for specific performance of the contract of reconveyance. There are concurrent findings of fact of the two Courts below that the plaintiff is entitled to specific performance. The trial Court has further directed that the Sale Deed will be executed by the defendant in favour of the plaintiff only after the Collector gives necessary sanction under the Act.

(3.) Now while admitting this second appeal, my learned Brother Daud, J., has formulated the substantial question, "Whether the reliefs sought by the respondent would be in contravention of section 14 of Act 62 of 1947 (the aforesaid Act)". Shri page who appears for the appellant was permitted to argue a further question, namely, whether the agreement is invalid in view of the provisions of section 31 of the Act.