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sa77.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD

SECOND APPEAL NO. 77 OF 2014

WITH

CIVIL APPLICATION NO. 827 OF 2014

Kantilal Bhimraj Fefale & Ors.

..

Appellants

Versus

Smt. Shantabai w/o.Govind Dukre & Ors.

..

Respondents

Mr. Sarman G. Lal, Advocate for the appellants.

Mr. Amol S. Gandhi, Advocate for respondent No.1.

CORAM : A.V. NIRGUDE,J.

DATED :

05.02.2014

P.C. :-

1.

Heard. A very peculiar question arose in this

appeal. But in my view this would not be a substantial

question of law. This appeal challenges the concurrent

findings of the Courts below.

2.

The facts of the case are as under :-

Sonubai was allotted the suit land in 1977 under

the provisions of the Maharashtra Agricultural Lands

(Ceiling on Holdings) Act, 1961 (for short “the Act”).

The allotment was specifically made heritable. It is

specifically mentioned in the allotment letter that

Sonubai would hold the property and after her death her

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sa77.14

legal heirs would also hold it. In a way, the land

become Sonubai’s exclusive property. During her lifetime

Sonubai made a will and bequeathed the land to her

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