Bombay High Court High Court

Ranba vs The State Of Maharashtra on 16 September, 2008

Bombay High Court
Ranba vs The State Of Maharashtra on 16 September, 2008
Bench: P. R. Borkar
           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD.


                  FIRST APPEAL NO.287 OF 1990




                                                                  
     Ranba s/o. Sattaji,                          ]..Appellants
     aged 75 years, Occ. Agri.




                                          
     R/o. Wasarni, Tal. & Dist. Nanded.
     (Deceased)

     1. Ahilyabai w/o. Prabhakar Kandharkar
        Age. 42 years, Occ. Household,




                                         
        R/o. Manaspuri, PO Bahadarpura,
        Tq. Kandhar, Dist. Nanded.
        (Daughter of deceased Ranba)

     2. Girjabai w/o. Mariba Chitte
        Age. 50 years, Occ. Household,




                             
        R/o. As above.
        (Daughter of deceased Ranba)
                  
     3. Sou. Sarjabai w/o. Shankar Sonsare
        Age. 49 years, Occ. Household,
        R/o. Vasrani, Tq. Kandhar,
                 
        Dist. Nanded.
        (Legal heir and daughter of deceased
         Ranba s/o. Sattaji)

     4. Shri Baba @ Munjaji s/o. Ranbaji
        Gajbhare
      


        Age. 50 years, Occ. Agri.
        R/o. Vasraji, Tq. & Dist. Nanded
   



        (Legal heir and son of deceased
         Ranba s/o. Sattaji).


                            VERSUS





     1. The State of Maharashtra                  ]..Respondents

     2. Pandu s/o. Narba,
        Aged Major, Occ. Nil,
        R/o. Wasarni, Tal. & Dist. Nanded





     Shri N.N. Shinde, Advocate for the appellants.
     Mrs. S.S. Autade, A.G.P. for respondent No.1/State.
     Shri B.N. Patil h/f. Shri S.K. Kadam, Advocate for
     respondent No.2.




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                                                 CORAM          :   P.R. BORKAR,J.
                                           RESERVED ON          :   10.09.2008




                                                                                 
                                         PRONOUNCED ON          :   16.09.2008




                                                         
     JUDGMENT :

. This is an appeal preferred by the person who

is dissatisfied with the order of apportionment of

compensation passed under Section 30 of the Land

Acquisition Act by the learned Civil Judge, Senior

Division, Nanded in L.A.R. No. 45 of 1987 decided on

31.07.1989.

2. In short it is case of appellant Ranba that

land Survey No.51/1 situated at village Vasarni, Tal.

& Dist. Nanded to the extent of 2 Hectares 54 R was

acquired by the Government and notification under

Section 4 of the Land Acquisition Act was published.

The final award was passed on 19.03.1987. Notices

were issued under Section 12 (2) of the Land

Acquisition Act to concerned land owners and original

appellant Ranba and respondent No.2 Pandu both filed

their claim before the Land Acquisition Officer.

3. It is further case of original appellant Ranba

that the land Survey No. 51/1 was originally owned by

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Vamanrao Ghansham Naik. Ranba was declared as the

protected tenant and purchaser under the provisions of

the Hyderabad Tenancy and Agricultural Lands Act, 1950

(hereinafter referred to as “H.T. & A.L. Act”). The

certificate under Section 38-E was issued in favour of

appellant Ranba and as such appellant Ranba alone is

entitled to the entire compensation amount of the

acquired land.

4. On the other hand it is case of respondent

No.2

original
Pandu

tenants

that his father Narba

of the land. Each had
and Ranba

1/2
were

share.

After death of Narba, as his son respondent No.2 Pandu

is entitled to 1/2 share. In the written statement

which was filed before the learned Civil Judge,

respondent No.2 Pandu has stated that though the land

was declared under Section 38-E of the H.T. & A.L.

Act in the name of Ranba – the uncle of respondent

No.2, 1/2 share thereof was under cultivation and

possession of respondent No.2 Pandu and remaining 1/2

share was in possession of appellant Ranba. Total

occupancy price was deposited by both jointly in the

office of Tahsildar, Nanded, but ownership certificate

was issued in the name of Ranba – paternal uncle of

respondent No.2 Pandu. At that time Ranba orally

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agreed to effect mutation of 1/2 share of the declared

portion in the name of Pandu. He also executed a bond

as “Watnipatra” (partition deed) on 30.03.1981 in

favour of Pandu on stamp paper in presence of panchas.

Half of the land continued to be in possession and

cultivation of respondent No.2 until acquisition.

Under the circumstances he is entitled to half amount

of the compensation.

5. It is argued vehemently by Adv. Shri N.N.


     Shinde

     the     H.T.&
                              

for the appellant that under the provisions of

A.L.Act, enquiries are made. Names of

protected tenants were declared. Objections were

called and thereafter proceedings under Section 38

were initiated. Respondent No.2 Pandu never raised

objection to the sale of land in the name of appellant

Ranba and as such he cannot have any more dispute over

the exclusive ownership of appellant Ranba. Reference

was made to sub-section 6(a) of Section 38 of the

H.T.& A.L. Act and it is argued that sale certificate

issued to a tenant declaring him to be the purchaser

of the land is conclusive evidence of the sale as

against land-holder and all persons interested

therein. The Civil Court has no jurisdiction to hold

that respondent No.2 is entitled to half share.

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     6.           The      learned        advocate       for    respondent            No.2




                                                                                  
     heavily           relied   upon the entries in V.F.                   No.        7/12

     extracts           produced     at Exh.27 and 28.            He also         argued




                                                          
     that        the     case     sought to be made out now                was       never

     advanced           before the learned Civil Judge.                  In-fact, no




                                                         

application or written submission was filed before the

learned Civil Judge. There was no contest before the

learned Civil Judge by appellant Ranba by filing any

pleading or application. He referred to para 6 of the

not

judgment in which it is specifically stated that Ranba

has filed say after receipt of reference in the

Court. However, he had filed say before Land

Acquisition Officer on 25.06.1987 and said say was

taken into consideration. It was also argued that no

evidence whatsoever was filed by Ranba in rebuttal of

the documentary evidence produced by respondent No.2

Pandu.

7. It is no more disputed that appellant Ranba

was uncle of respondent No.2 Pandu as observed in para

8 of judgment of the Trial Court. One Sattaji had

five sons, namely, Nivratti, Tukaram, Ranba, Narba,

Sakharam and Tukaram. Respondent No.2 Pandu is son of

Narba. The V.F. No. 7/12 extracts at Exh.27 and 28

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which are from 1960-61 to 1984-85 show that from

1960-61 both appellant Ranba and Narba – father of

respondent No.2 were shown to be joint tenants till

the year 1970-71. In 1971-72 for the first time Ranba

was shown to have been cultivating 1/2 portion of land

as a tenant and Narba was shown to be cultivating

remaining half of the land. The entries of the year

1972-73 to 1974-75 show both appellant Ranba and Narba

father of respondent No.2 as each cultivating half

portion of the land as tenants. Mode of cultivation

was

was
shown as “3”.

ig In the year 1975-76 name of

substituted in place of name of Narba and he
Pandu

was

shown to be in possession of half share as tenant and

said entry is continued till year 1984-85. For the

first time in 1985-86 name of CIDCO was entered (which

is acquiring body), as the owner and possessor. So,

continuous entries for 24-25 years which were never

challenged supported case of respondent No.2 Pandu

that respondent No.2 Pandu and his father were tenants

of half portion of the land. Earlier, there was joint

cultivation by Ranba and Narba and thereafter he

started cultivating half portion of the land.

8. It is true that sale certificate cannot be

challenged and it is conclusive proof of the statutory

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sale under the provisions of H.T.& A.L.Act. However,

the provisions of H.T.& A.L.Act do not prevent a joint

family from being tenant of a land. Similarly, it

does not prevent one or more persons jointly taking a

land on lease and thus becoming joint tenants. The

averments in the written submission filed by

respondent No.2 Pandu at Exh.19 in the Trial Court

regarding the occupancy price being paid by both

appellant Ranba and respondent No.2 – Pandu and about

promise by Ranba to Pandu to mutate half of the land

in his

partition
name

deed
ig and about subsequently

on 30.03.1981 were not
executing

controverted.

the

There is no denial of said averments either by way of

reply or by way of oral evidence. So, said pleadings

remained uncontroverted and as such admitted in the

facts of the present case. In absence of any reply or

evidence in rebuttal of averments in para 3 of Exh.19

filed by respondent No.2, it cannot be said that the

Trial Court has committed any error in holding that

the appellant and respondent No.2 were each entitled

to half share in the compensation awarded. Under the

circumstances of this case it can be inferred that the

sale certificate issued in the name of appellant Ranba

was obtained for himself and his nephew Pandu as both

were joint tenants of the land.

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     9.         In    this   view   of       the   matter,         this      appeal




                                                                             
     deserves        to be dismissed.        Hence, the first appeal is

     dismissed.       Parties to bear their own costs.




                                                     
                                                   [P.R. BORKAR, J.]




                                                    
     snk/2008/SEP08/fa287.90




                                       
                        
                       
      
   






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