JUDGMENT :

1. Heard the respective Counsel. Substantive questions of law in the present Second Appeal are as follows :

(1) Whether the acquisition of property under the Land Acquisition Act could be said to be vitiated for failure to give notice to a purchaser, whose name was not reflected in the Revenue records?

(2) Whether a Civil Suit challenging the award passed under the Land Acquisition Act is maintainable?

2. The facts of the case are as follows :

On 15th April, 1982 the plaintiff i.e. present respondents had filed a civil suit seeking declaration that the acquisition of the land Gat No. 19 situated at Mouje Shepawadi, Taluka Gaganbawada, District Kolhapur and award passed on 16/11/1978, and acquiring the suit land is illegal on the ground that no notice was served upon the Plaintiff although he is a purchaser of the said property by virtue of registered sale deed dated 27/1/1975. It is contended in the plaint that the Plaintiff had received a notice of encroachment sent by the Collector dated 1/7/1981 and therefore, he was constrained to file suit seeking declaration as a owner of the suit property. The plaintiff had also prayed for perpetual injunction.

3. It is admitted that