Dashrath s/o Zipru Koli vs Narayan s/o Lalsing Bhill

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT - BENCH AT AURANGABAD
S.S. SHINDE, J
Dashrath s/o Zipru Koli – Appellant
Versus
Narayan s/o Lalsing Bhill – Respondent

Advocates:
For the Appellants/Petitioners: Shri V.E. Baviskar
For the Respondents: Shri Sanket Kulkarni, Shri Pradeep Deshmukh, Smt. V.A. Shinde

Table of Content
1. validity of sale deed predating the restoration act (Para 2 , 3)
2. arguments asserting the sale deed's fraudulent nature (Para 4)
3. tribunal's findings on evidence and applicability of the restoration act (Para 5 , 6)
4. conclusion of the writ petition's merit and dismissal (Para 7)

ORAL JUDGMENT:

1. This writ petition takes exception to the judgment and order dated 6th July, 1990 passed by the Member, Maharashtra Revenue Tribunal at Bombay in Revision Tribe No.10/1989.

2. The background facts of the case are as under:

The suit land was originally belonging to the present petitioners – respondents before the Maharashtra Revenue Tribunal. The petitioners had executed sale deed on 24.11.1954 in favour of the father of the present respondent No.1 - appellant No.1 before Maharashtra Revenue Tribunal and mutation entry to that effect has been effected in the mutation register. The petitioners contended that the said sale deed was fraudulently obtained by the father of the respondent No.1 though it was in the nature of mortgage. After coming into operation of the Maharashtra Restoration of Lands to Scheduled Tribes Act , 1974 (for short, referred to as “the Restoration Act

Click Here to Read the rest of this document

BOMBAY HIGH COURT - BENCH AT AURANGABADS.S. SHINDE, JDashrath s/o Zipru Koli – AppellantVersusNarayan s/o Lalsing Bhill – Respondent

BOMBAY HIGH COURT - BENCH AT AURANGABAD
S.S. SHINDE, J
Dashrath s/o Zipru Koli – Appellant
Versus
Narayan s/o Lalsing Bhill – Respondent