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2008 Supreme(Bom) 716

S.S.SHINDE
Jaywantrao Balawantrao Patil – Appellant
Versus
Sandeep Ramchandra Sapakal – Respondent


Advocates:
ADVOCATE APPERARED
Mr. B. R. PATIL, for the Appellants.
Mr. TANAJI MHATUGADE i/by Mr. A. V. ANTURKAR, for the Respondents.

JUDGMENT :- The present second appeal arises out of a suit filed before the Court of Civil Judge, Junior Division, Islampur for permanent injunction against the respondents/original defendants in respect of ancestral property as described in Para 1 of the plaint.

2. While admitting the appeal on 9th March, 2000 this Court recorded the following substantial question of law which arises in this Second Appeal :-

"Whether the sale deed dated 11.8.78 is legal and valid in view of the provisions of Section 12(1)(d) and 12(3) of the Maharashtra Project Affected Persons Rehabilitation Act, 1986?"

FACTUAL MATRIX :-

3. The present appellants/original plaintiffs instituted a suit for perpetual injunction against the respondents/original defendants in respect of one piece of agricultural land from village Aitwade-Khurd, Tal. Walwa, Dist. Sangli bearing Regular Civil Suit No.33/ 1994 in the Court of Civil Judge (Jr.Division), Islampur, District Sangli.

4. It was the case of the appellants/ plaintiffs that the agricultural land bearing Gat No.195/l, admeasuring 3-H-17R situated at village Aitwade-Khurd, Tal. Walwa, District Sangali is their ancestral property. Plaintiff No. 1 is the father of
































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