The Minister-Revenue correctly resolved long-standing possession disputes, validating decrees from earlier civil suits regarding land ownership rights.

1 Rule. Rule is made returnable forthwith. By consent of the learned counsel appearing for the parties the Petition is taken for hearing and disposal.

A. THE CHALLENGE

2 Petitioners have filed this Petition challenging the order dated 17 February 2018 passed by the Minister-Revenue, allowing the Revision Application filed by Respondent Nos.1 to 9 and setting aside order dated 5 August 2015 passed by the Additional Commissioner, Pune, order dated 21 November 2009 passed by the Additional Collector, Solapur, and confirming the order dated 29 August 2007 passed by the Sub Divisional Officer. The issue involved in the present Petition is about permissibility of Revenue Authorities to handover possession of the land in question to Respondent Nos.1 to 9 in execution of decree dated 23 September 1980 passed by the Civil Judge Junior Division, Karmala in Regular Civil Suit No.184 of 1972. It is Petitioner’s contention that in a separate suit bearing Civil Suit No.171 of 1969 instituted by the predecessor in title of Respondent Nos.1 to 9, the Civil Court had declined the relief of possession of the land in question and therefore execution proceedings in Regular Civil Suit No.184 of 1972 cannot be misused for the purpose of gaining possession of the land, which has been declined by way of decree dated 23 September 1980 passed in Civil Suit No.171 of 1969. Also involved is an issue of propriety on the part of the Minister-Revenue in deciding the merits of Revision when the Order of the Additional Commissioner only directed abatement of First Revision against three deceased parties without decision on merits.

B. FACTS

3 Narration of brief factual background as a prologue to the judgment would be necessary. The land bearing Gat No.109 admeasuring 8 Acres 25 gunthas was originally owned by Maruti Ramu Atole who died on 10 February 1966, leaving behind Sonabai (wife), Babu (grandson) and Kantabai, Shantabai, Kusum (granddaughters) and Subhash (grandson). Babu Dagdu Kantode executed registered Sale Deed of the land in favour of Govind Ravsaheb Khatmode on 25 November 1966 without obtaining permission of the District Court for sale of share of Kantabai, Shantabai, Kusum and Subhash who were minors at that time. This is how Govind Ravsaheb Khatmode started claiming ownership in respect of the land on the strength of Sale Deed dated 25 November 1966.

4 It appears that one Shri. Sambha Bapu Jarande was claiming tenancy rights in respect of the land at Gat No.109 and was in occupation of the same. Therefore, Govind Ravsaheb Khatmode filed Civil Suit No.171 of 1969 in the Court of Civil Judge Junior Division, Karmala against Sambha Bapu Jarande claiming ownership as well as seeking recovery of physical possession of the land bearing Gat No.109 from Sambha Bapu Jarande. During pendency of that suit, Babu, Kantabai, Shantabai, Kusum and Subhash filed Regular Civil Suit No.184 of 1972 against Govind Ravsaheb Khatmode and Sambha Bapu Jarande challenging the Sale Deed dated 25 November 1966 and seeking possession of the suit property from Sambha Bapu Jarande on the strength of termination of his tenancy before the Competent Authorities. It appears that this Court passed an Order for trial and disposal of both Suit Nos.171 of 1969 and 184 of 1972 together. The learned Judge of the Trial Court therefore proceeded to decide both the suits by rendering separate judgments on the same date i.e. 23 September 1980. So far as Civil Suit No.171 of 1969 filed by Govind seeking declaration of ownership and possession from Sambha Bapu Jarande is concerned, the suit came to be dismissed holding that possession of Sambha Bapu Jarande over the suit land was of trespasser and that though his tenancy was terminated, he was cultivating the land with the consent of previous owners. The Trial Court therefore refused to order handing over of physical pos