KESHAVRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appeal is filed to challenge the oral judgment of learned Single Judge of this Court delivered in Writ Petition No. 264/1989 (Old No. 4968/1987 which was given at Principal Seat) and also the decision of learned Single Judge given in Civil Application No. 701/2003, which was filed against the decision of aforesaid writ petition for review. Both the sides are heard.

(2.) The facts leading to the institution of the appeal can be stated in brief as follows :-

(3.) Vendor Ramchandra applied for permission to Collector to alienate the aforesaid two lands, but on 4.5.1945 the Collector informed that permission for sale of the property cannot be granted, but it was open to Ramchandra to sell the life interest in this Watan property. The mutation on the basis of aforesaid sale deed was taken in revenue record on 15.8.1946 and it is not disputed that on the basis of aforesaid sale deed the predecessors of the appellants (hereinafter referred to as 'purchasers') have been in possession of the aforesaid both the lands.