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GAURI GODSE
Ahmed Fakirsaheb Kokani, since deceased through his heirs – Appellant
Versus
Mohammedsaheb Hasansaheb Khatib(deceased) by heirs – Respondent
JUDGMENT :
GAURI GODSE, J.
1. These petitions arise out of the orders passed regarding a land bearing CTS No. 3762 at Nashik, granted to Shri Ahmedsaheb Kadarsaheb Kokani under the Sanad dated 31st October 1920, issued by the then Government.
Facts in brief:
2. The brief facts, according to the petitioners, concerning the dispute between the parties are as under:
3. Shri Ahmedsaheb Kadarsaheb Kokani, on 7th April 1910, purchased a superstructure (old post office structure) standing on CTS No. 3762 at Nashik. On 13th October 1920, the then Government granted a Sanad in favour of Ahmedsaheb Kadarsaheb Kokani (“original Sanad holder”) for the land below the said superstructure (“land”). The document of Sanad, dated 13th October 1920, specified that the grant was heritable and transferable. It was a lease in perpetuity with fixed rent for fifty years from 1910-1911 to 1960-61, subject to renewal of the rate of revenue after fifty years. The deceased petitioner (“petitioner”) is the grandson of the original Sanad holder. The name of the petitioner was mutated in the City Survey revenue record as the heir and legal representative of the original Sanad holder. In 1928, the deceased respondent
The Sanad issued in 1920 constituted a permanent grant, not a lease, and the petitioner was denied a fair hearing, leading to the quashing of the resumption order.
The last contention regarding n on applicability of provisions of the Act to a land which is permitted to be converted into n on agricultural land by a competent Court also merits acceptance in light....
The court established that while conditions of land regrant are binding and must be complied with, enforcement actions based on breaches must be initiated within a reasonable time frame to be valid.
The renewal of a lease requires timely applications and continuous possession; failure to meet these criteria results in loss of entitlement, as established in the case.
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