LAWS(BOM)-1997-7-132

BABAN TATYABA LOHARKAR Vs. STATE OF MAHARASHTRA

Decided On July 24, 1997
Baban Tatyaba Loharkar Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) ALL these appeals can be disposed of by common judgment as evidence in all these cases was recorded in Land Reference No.433 of 1989 and the main judgment was delivered in Land Reference No.422 of 1989. This judgment is followed in other references. All these appeals were placed for admission on 11.7.1997. At the request of both the parties, the appeals were adjourned to 24.7.1997. Parties have agreed for final disposal of these appeals at the stage of admission.

(2.) ADMIT . Respondents waive notice. Appeal taken up for final hearing forthwith.

(3.) SALE instances relied upon by the claimants are dated 5th March 1977 and 7th September 1979 while section 4 Notification is dated 24th February 1983. As far as first sale instance dated 5th March 1977 is concerned, the same is proved. The Land Gat No.619 area 51 Ares was sold for Rs.14,000/-. Agreement for sale for the said land was entered into on 28th July 1975. The price indicated in the sale deed is of the year 1975. The second sale is dated 7.9.1979 for Rs.39,000/-. The said land is situated in adjoining village and sold to Kopargaon Sahakari Karkhana for construction of school building.