DASHRATH DADA CHOUGULE Vs. GRAMPANCHAYAT

JUDGEMENT

(1.) The judgment of the Additional District Judge, Sangli in Regular Civil Appeal No.107 of 1983 has been challenged in the present Second Appeal.

(2.) The appellants are the heirs of one Narsappa Raghoba Chougule. The appellants contend that Narsappa Raghoba Chougule purchased the suit property which is CTS No.402 situated at Miraj, admeasuring 15 ' X 16 ' from one Bhaskar Govind Utturkar. He purchased this property under a registered sale deed on 30.7.1907. According to the appellants, they were in possession of the suit property. However, the Village Panchayat i.e. Respondent No.1 herein had encroached upon this property and was trying to construct a building on the property. A notice was issued u/s 180 of the Bombay Village Panchayat Act to the respondents by the appellants on 3.1.1977. It was contended that the suit property belonged to the appellants and that the village panchayat committee had no right over the suit property. The notice called upon the respondent No.1 to cease and desist from continuing with the construction on the suit property. As Respondent No.1 did not pay any heed to the their contention, the appellants filed a suit being RCS No.9 of 1977 for a permanent injunction against the respondents. The interim injunction sought by the appellants was rejected.

(3.) In its written statement, respondent No.1 contended that the suit property being CTS No.402 and two adjoining properties being CTS Nos.403 and 404 formed an open plot of land. These properties were owned by the Government of Maharashtra and had vested in the Gram Panchayat pursuant to the Government Resolution issued u/s 28B of the Bombay Village Panchayat Act, 1933 on 9.6.1950. It was contended that the building constructed on CTS No.402 had been let out to one Surendra Jambu Chougule and that he was in possession of the same for several years as a tenant. Similarly the constructions on the other plots i.e. C.T.S. No.403 and 404 had been let to other tenants. It was only because the buildings were old that they were required to be demolished. A notice was served on the tenants for eviction and accordingly, the tenants had handed over possession of the properties to the Gram Panchayat on 18.9.1978. Thereafter, the Gram Panchayat i.e. Respondent No.1 herein had started construction on the suit property.