LAWS(BOM)-1997-12-107

ARJUN DAGADU DALVI Vs. RAGHUNATH SHANKAR BOKIL

Decided On December 05, 1997
Arjun Dagadu Dalvi Appellant
V/S
Raghunath Shankar Bokil Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India challenge the concurrent decisions of the Tahsildar, Purandar, District Pune, Sub-Divisional Officer, Baramati Division, Baramati and Maharashtra Revenue Tribunal, Pune. All these authorities have negatived the claim of the petitioner by refusing to grant declaration and confirmation of possession.

(2.) Necessary facts to understand the controversy would be as set out hereinafter :

(3.) Some time in the year 1973, Dagadu came to know of this order and claiming that he was ignorant of these facts and that his thumb impressions were obtained fraudulently on certain blank papers and that he never parted with possession of the lands he filed two separate suits being Regular Civil Suits Nos.29 of 1993 and 30 of 1973, for injunction against Raghunath and Shridhar, who asserted that they have obtained the respective property in partition between the brothers in 1971. Dagadu also applied to the Revenue authorities for cancellation of entries, standing in the names of Raghunath and Shridhar being in possession of the land. In Mutation proceeding, entries in favour of Raghunath and Shridhar came to be cancelled on 19-9-1974 and in place Dagadu's name came to be substituted as cultivator and possessor, by Mutation Entries Nos.3886 and 661, which are stated to have become final.