LAWS(BOM)-2008-12-13

MADHAV GANSA WANI Vs. HAUSABAI

Decided On December 02, 2008
MADHAV GANSA WANI, DECEASED THROUGH L.RS. Appellant
V/S
HAUSABAI Respondents

JUDGEMENT

(1.) By this petition, the petitioners impugn judgments rendered by Maharashtra Revenue Tribunal (MRT) in Review Petition No. Rev.Trb.C-4/1989 dated 13.7.1990, judgment and order rendered in Appeal No.Rev.Trb.13/87 dated 26.8.1988 and judgment and order rendered by Tahsildar, Erandol in Aadivasi Case No.278/1976 dated 15.9.1987.

(2.) Originally the petition was filed by deceased Pandharinath and others who are legal representatives of deceased Madhav Gansa Wani. Said Madhav demised during pendency of the petition. The present petitioners are his legal representatives. Respondents are original applicants, who initiated proceedings for restoration of two agricultural lands under Section 3 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (For short, MRLST Act).

(3.) Admittedly, the Respondents owned agricultural lands bearing Gat No.40, admeasuring 17 acres and Gat No.64 admeasuring 26 gunthas situated at village Sakre under Erandol Tahsil (Dist. Jalgaon). It is undisputed that they executed a registered sale deed dated 3.4.1964 in favour of deceased petitioner Madhav Gansa Wani in respect of both these lands. They alienated said lands for consideration of Rs.31,500/- (Rupees thirty one thousand five hundred). Allegedly, they were paid Rs.17,000/- (Rupees seventeen thousand) by way of earnest amount prior to the execution of the sale deed and at the time of registration of the sale deed, purchaser - Madhav Gansa Wani, paid remaining consideration of Rs.14,500/- (Rupees fourteen thousand five hundred).