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SUDHANSHU DHULIA, AHSANUDDIN AMANULLAH
Machhindranath S/o Kundlik Tarade Deceased Through Lrs – Appellant
Versus
Ramchandra Gangadhar Dhamne – Respondent
Question 1? Question 2? Question 3?
Key Points: - The court held that alienation of land with a declared charge in favor of a co‑operative society is void unless the debt plus interest is repaid in full, or the society releases part of the property after payment (!) (!) (!) (!) . - A reconveyance deed or agreement must specify a time period and any escalation; lack of such terms renders reconveyance terms suspect and not a basis to validate prior transfers (!) (!) . - Even where a charge was released, retroactive validation of earlier sales is not automatic; the society must seek nullification/setting aside for void ab initio or voidable effects, and mere release does not automatically validate past transactions (!) (!) .
JUDGMENT
AHSANUDDIN AMANULLAH, J.
Leave granted.
2. The present appeal impugns the Final Judgment and Order dated 15.01.20191 [Cause Title corrected by the High Court vide Speaking to Minutes Order dated 11.09.2019] in Letters Patent Appeal (hereinafter abbreviated as ‘LPA’) No.33/1998 in First Appeal No.624/1992 (hereinafter referred to as the ‘Impugned Order’) passed by the High Court of Judicature at Bombay, Bench at Aurangabad (hereinafter referred to as the ‘High Court’), whereby the appeal preferred by the appellants was dismissed and Judgment and Order dated 17.09.1993 [1994 MhLJ 558] in First Appeal No.624/1992 passed by the learned Single Judge of the High Court was affirmed. The learned Single Judge differed with the Judgment and Order dated 27.03.1980 in Special Civil Suit No.49/1973 passed by the learned Civil Judge, Senior Division, Ahmednagar (hereinafter referred to as the ‘Trial Court’) and set aside the decree of possession so granted by the Trial Court.
PARTIES:
3. The appellants before us, along with respondent no.5, are the Legal Representatives (hereinafter abbreviated to ‘LRs’) of the original plaintiff. Respondent no.1 is the original defendant no.1 and responden
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