PETITIONER: JITENDRASINGH JAYSINGH RAWAL ETC Vs. RESPONDENT: STATE OF MAHARASHTRA AND ORS. DATE OF JUDGMENT: 24/09/1998 BENCH: G.T.NANAVATI, S.P.KURDUKAR ACT: HEADNOTE: JUDGMENT:
Present:
Hon’ble Mr. Justice G.T.Nanavati
Hon’ble Mr. Justice S.P.Kurdukar
V.N.Ganpule, Sr.Adv., Manoj Kumar Mishra and Sunil Jain,
Advs. with him for the appellants
M.S.Nargolkar, Sr.Adv., D.M.Nargolkar, Adv.,
A.M.Khanwilkar, Adv. (NP) with him for the Respondents
JUDGEMENT
The following Judgment of the Court was delivered:
Nanavati J
The only question that arises for consideration in
these appeals is whether the appellants were the owners of
lands bearing Survey Nos.284/1, 286, 291/A, 292/2, 283 and
291/B or whether Zipabai was the owner thereof. The
Commissioner in the revisional proceedings held that the
appellants were the owners and not Zipabal. Therefore,
those lands were included in the holdings of the appellants.
The High Court also on consideration of the record and the
material placed before it held that the two gift deeds of
1970 were not valid and the lands continued to be the lands
of the original landholder. Thus, the Commissioner and the
High Court have held that the said lands really belonged to
the appellants and, therefore, they were rightly included in
the holdings of the appellants for the purpose of
determining surplus land held by them. These were questions
of fact and the Commissioner and the High Court have rightly
decided them. No intereference is therefore, called for by
this court. These appeals are dismissed with on order as to
costs.
