JUDGMENT

Y.K. Sabharwal, J.-The respondent, now represented through his legal heirs, is the original plaintiff in a suit for declaration and possession filed against the appellant - State of Maharashtra and others. The suit was filed on 22nd August, 1976. seeking a declaration that the order dated 26th May, 1976 by which the right of pre-emption was exercised by defendants 1 and 2 (State of Maharashtra and Deputy Collector and Competent Authority Urban Land Ceiling, Nagpur respectively) to purchase the property in question and the sale deed dated 23rd August, 1976, obtained from the plaintiff in pursuance of the said order was null and void and do not confer any right title or interest in the property in favour of defendants. A decree for possession was also sought against refund of Rs. 2,60,000/- received by the plaintiff under the sale deed dated 23rd August, 1976. The facts in brief and in respect whereof, there is hardly any dispute are.

2. The Urban Land (Ceiling and Regulation) Act, 1976 (for short, the Act ) came into force for the State of Maharashtra w.e.f. 17th February, 1976. The plaintiff claims that he was not holding any land in excess of the ceiling limit prescribed u