Advocates:
['DESHMUKH RAMRAJE A', 'S S CHOUDHARI', '', 'BHUMKAR R P', 'P D SURYAWANSHI', 'GEETANJALI JADHAV', 'R/ SERVED', 'R/ ABATED']

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO.248 OF 1993

WITH

CIVIL APPLICATION NO.2312 OF 1993

IN SA/248/1993

Vikrant s/o Vilasrao Patil (Died)

Through Legal Heirs (Orig.Deft.No.4)

1)

Vidyulata w/o Vikrant Patil,

Age 37 years, Occupation Household

and Agri., R/o 353/2, Waykule Plot,

Uplai Road, Ganesh Temple

Tq. Barshi Dist.Solapur.

2)

Sai d/o Vikrant Patil,

Age 16 years, Occupation Education,

Minor Through Under Guardian

Vidyulata w/o Vikrant Patil,

Age 37 years, Occupation Household

and Agri., R/o 353/2, Waykule Plot,

Uplai Road, Ganesh Temple

Tq. Barshi Dist.Solapur.

...Appellants

VERSUS

1)

Uttam s/o Nivrati Langade,

Age 37 years, Occupation Agriculture,

R/o Gour Tq. Kallam Dist.Osmanabad.

(Original Plaintiff)

2)

Nivrati s/o Genba Langade,

Age 75 years, Occupation Agriculture,

R/o Gour Tq. Kallam Dist.Osmanabad.

(Original defendant No.1)

3)

Subabai w/o Nivarti Langade,

Age 70 years, Occupation Labourer,

R/o Gour Tq. Kallam Dist.Osmanabad.

(Original defendant No.2)

2

SA 248-1993, CA 2312-1993

4)

Govind s/o Nivrati Langade,

Age 50 years, Occupation Service,

No.8364525 Wo II G.No.Langade

2 Central base Post of C/o 99 A.P.O.

(Original defendant No.3)

...Respondents

…..

Advocate for Appellant : Mr. V. D. Salunke i/b

Mr. R. A. Deshmukh

Advocate for Respondent No.1 : Mr. S. S. Choudhary

Advocate for Respondent No.4 : Mr. P. D. Suryawanshi

…..

CORAM : SMT.VIBHA KANKANWADI, J.

Date of Reserving the Judgment

:

08-09-2021

Date of Pronouncing the Judgment :

04-12-2021

JUDGMENT :

1.

Present appeal has been filed by the original defendant No.4

challenging the concurrent Judgment and decree. Present

respondent No.1 is the original plaintiff who had filed Regular Civil

Suit No.106 of 1077 before Civil Judge, Junior Division, Kallam

District Osmanabad, for declaration, partition and possession. The

said suit came to be decreed on 31-01-1983. It was declared that

the plaintiff has 1/4th share in the suit lands and the mango trees.

It was the further decree that the sale deed effected by defendant

3

SA 248-1993, CA 2312-1993

No.1 on 11-05-1976 in favour of defendant No.4 stood cancelled to

the extent of 1/4th share of the plaintiff. The separation of the

share was directed to be effected through Collector. The said

Judgment and decree passed by the Trial Court was challenged by

defendant No.4/present appellant by filing Regular Civil Appeal

No.105 of 1983 and the said appeal came to be dismissed on 28-04-

1993 by learned Additional District Judge, Osmanabad. Hence, this

second appeal.

2.

This Court admitted the second appeal on 11-09-2006 by

framing following substantial question of law :-

“Whether the present appellant has proved that the

property was sold to him for legal necessity.”

3.

Heard learned Advocate Mr. V. D. Salunke instructed by Mr. R.

A. Deshmukh for appellants, learned Advocate Mr. S. S. Choudhary

for respondent No.1 and learned Advocate Mr. P. D. Suryawanshi for

respondent No.4.

4.

It has been vehemently submitted on behalf of the appellants

that both the Courts below have not appreciated the evidence

property and failed to consider the contents of the documents which

itself indicate the legal necessity. It is not in dispute that defendant

4

SA 248-1993, CA 2312-1993

No.1 who is the father of plaintiff executed sale deed on 11-05-1976

in respect of land Gut Nos.714 and 719 in favour of defendant No.4.

Though there are other two suit lands, but we are not concerned

with the same as defendant No.4/present appellant was concerned

only with the above said two lands which were sold to him. As per

the plaintiff, defendant No.1 was addicted to vices and he had

unauthorizedly and illegally sold above said two suit lands without

any legal necessity to defendant No.4 and, therefore, the said sale

deed is not binding on him. It was stated that the family neither was

indeb