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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

WRIT PETITION NO.11960 OF 2019

Laxman Waghuji Zurale

..

Petitioner

Vs.

Subhash Damodar Kharde & Ors.

..

Respondents

…

Mr. Sanket S. Kulkarni for the petitioner.

Mr. Rahul R. Karpe for respondent No1.

…

CORAM

: MRS. BHARATI DANGRE, J.

RESERVED ON : 03^RD FEBRUARY, 2022.

PRONOUNCED ON : 03^RD MARCH, 2022.

ORDER:-

1.

Heard Shri Sanket Kulkarni, the learned counsel for the

petitioner and Shri Rahul Karpe, learned counsel for the

respondent No.1.

2.

Since the parties have advanced their submissions towards

final disposal of the writ petition, issue Rule. Rule made

returnable forthwith. By consent of the parties, heard finally.

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3.

The land involved in the present writ petition is Gat

No.426, Old Survey No.397 admeasuring 21 Acres and 22

Gunthas situated at Village Undirgaon, Taluka Shrirampur,

District Ahmedngar (for short, “the said property”).

The Petitioner and the respondent claim their respective

interest in the aforesaid property in distinct capacities; the

petitioner claims his interest through his father Waghuji Zurale,

in whose favour the property was gifted by one Manjulabai.

Defendant No.1 is claiming his interest as legal heir of

Manjulabai.

4.

The petitioner claims that the subject property was owned

by Maruti Kharde and after his demise, the said property was

inherited by his widow Manjulabai and it was mutated in her

name. The petitioner claims that Manjulabai transferred the said

property in favour of the petitioner’s father Waghuji Zurale vide

a registered gift deed dated 21/12/1960, pursuant to which, the

name of his father was mutated in the record of rights vide

Mutation Entry No.579. On his death, on 4/12/1996, the names

of the petitioner and his mother came to be recorded as against

the said property vide Mutation Entry No.5739. The petitioner

states that the mother of the petitioner expired on 02/08/2010

and, since then, the petitioner became the sole owner of the said

property.

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5.

The petitioner pleads that the registered gift deed executed

in favour of his father was subject matter of RCS Suit No.87 of

1961, instituted by the father of respondent No.1, Damu @

Damodar Kharde, before the Civil Judge, Junior Division,

Srirampur, where he raised a challenge to the gift deed, on the

ground that the said property is the family property and

defendant No.1 i.e. the widow of Maruti Kharde, Manjulabai got

the said property transferred in her name, which earlier stood in

the name of Maruti Kharde, who is the brother of Laxman

Kharde as karta of the family. It was pleaded that defendant

No.1 Waghuji Zurale pressurized Manjulabai to execute a gift

deed, which is void, since it involve the family property. It was

also pleaded that on the strength of the gift deed, defendant No.2

is trying to take rent of the land from the tenant and, therefore,

an injunction was sought.

6.

The plaint was, however, returned by the learned Judge on

21/04/1962, on the ground of pecuniary jurisdiction, but the

plaint was never presented to the appropriate court, the petitioner

contend that the gift deed in favour of his father remained

unchallenged, though the respondent had full and complete

knowledge of the transfer of said property by Manjulabai.

The petitioner also claims that his father was held entitled

for the lease rent and, by seeking information from the

Maharashtra State Farming Corporation (for short, “MSFC”),

the petitioner sought information under the RTI Act, which

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