Applicants(Myself) Versus Hajare & others(Respondents)
F A C T S
1) That all the applicants/appellants are the legal hiers of late shri Anandrao S/o Zibal Kakde(Kunbi),R/o Ambadi,P.C-53,Tah-Kuhi,Distt-Nagpur and at present residing at above referred postal addresses permanently.
2) That, the original land owner,the grand father of the appellants namely, late shri Zibal S/o Nilu Kunbi had left behind him the ancestral landed property at Mouja-Sawali( Ambadi),P.C-53,Tah-Kuhi,Distt-Nagpur. The grand father of theappelants Late Zibalji was having a brother named Laxman S/o Nilu Kunbi. The Grand Father of the appellants and his brother were having joint agricultural landed property at Mouja-Sawali( Ambadi),P.C-53,Tah-Kuhi,Distt-Nagpur.the particulars of which as per the Bandobast Misal of the year 1912-1913 and as per the present Revenue Record is as under :-
Bandobast Misal of 1912-13
|
Sr
No
|
Gat No
|
Area
|
|
01)
02)
03)
04)
05)
06)
07)
08)
|
01
03
04
07
35
42
76
79
|
32.88 Acres
04.20 Acres
16.39 Acres
14.20 Acres
16.18 Acres
03.53 Acres
10.96 Acres
14.42 Acres
|
|
Total
|
|
112.67 Acres
|
PRESENT REVENUE RECORD
|
Sr
No
|
Gat No
|
Area
|
L.R
|
Class
|
|
01)
02)
03)
04)
05)
06)
07)
08)
09)
10)
|
152/1
152.2
152/3
153/1
153/2
154
155
156/1
156/2
152
|
2.98 Hr
1.41 Hr
1.40 Hr
1.43 Hr
1.41 Hr
2.73 Hr
2.90 Hr
1.50 Hr
1.21 Hr
05.79 Hr
|
18.40
8.75
8.75
8.85
8.70
16.80
17.90
9.15
7.85
35.90
|
Class 1
Class 1
Class 1
Class 1
Class 1
Class 1
Class 1
Class 1
Class 1
Class 1
|
|
Total
|
|
= 72.06 Acres
|
|
|
3) Thus as per the particulars shown above as per the Bandobast Misal of 1912-13 the riginal Owner of the land was late Shri Zibal and his brother Laxman S/o Nilu kunbi ,hel 112.67 Acres of agricultural land jointly. The joint owner Laxman S/o Nilu Kunbi expired issueless leaving behind him no legal hiers. As such the grand father of the appellants, Shri.Zibal S/o Nilu Kunbi became the absolute owner of the Landded property described above. That, after the death of Shri Zibal, his only son ,i.e the father of the appellants ,namely Shri Anandrao Kakde(Kunbi) became the owner of the said property by succession. Out of this 112.67 acres of land some land had been acquired by the State Government under Ceiling Act. The father of the appellants Anandrao S/o Zibal Kakade(Kunbi) who was mentally derailed and was residing with his family in Jaitala,Nagpur, expired in the year 1992.The Munims and cousins brothers of Anandrao S/o Zibal Kakade(Kunbi) were looking after and managing the affairs of the said property as Anandrao S/o Zibal Kakade(Kunbi) was unable to go to Mouja Sawali(Ambadi) owing to his mental problems. During the lifetime of shri Anandrao S/o Zibal Kakade(Kunbi) the munims and cousins used to bring and give the agricultural produce and earnings from it to the landlord Anandrao S/o Zibal Kakade(Kunbi).
4) That after the death of Shri Anandrao S/o Zibal Kakade(Kunbi),his munims and the cousin brothers however stopped bringing and giving the agricultural produce and earnings from the said land to the legal hiers of the shri Anandrao S/o Zibal Kakade(Kunbi). Due to the suspicious and sudden changes in the behaviour of the Munims and cousins i.e the respondents the mother of the appellants tried to approach them and made efforts to regulate the affairs. However,unfortunately the mother of the appellants also got mentally derailed and all of the present appellants were minors unaware about their ancestral properties. However on attaining majority the appellant No.1 made searches and succeeded in getting the extract from Revenue Records in the month of May 2010. The appellants were surprised to see that entire ancestral property of the appellant’s had been transferred in the name of the respondents No.3 to 16.
5) That, after going through the prolonged searches and verification of revenue records of the above said property, the appellant came to know that the change in mutation of the said property in the name of the respondents has no basis or foundation. Those mutations have not been certified by any of the revenue authority on the strength of any documentary evidence. Thus it became very crystal clear that the respondents in collusion with the then Talathi got the above property mutated in their names without any legal right or authority . As such the respondents had misused the liberty granted by Anandrao S/o Zibal Kakade(Kunbi) and breached his legal hiers trust ,committed illegal and unlawful acts to grab and encroach upon the properties of Anandrao S/o Zibal Kakade(Kunbi).Therefore there is no authenticity in taking the change in mutation of the above properties in the name of the respondents.
6) That,the properties in question had neither been transferred nor alienated by virtue of any indenture to anybody by the original owner of the land during his lifetime. Moreover the respondents not being the legal hiers of Late Shri Anandrao Zibal Kakde are not having any right or title to gwet the property mutated in their name. Therefore the mutation of name of respondents over the property in question is illegal,fraudulent and unauthorized one. As such the said change in mutation is liable to be quashed and set aside in accordance with the provisions of law. The appellants being the legal hiers of Late Shri Anandrao S/o Zibal Kakade(Kunbi) are rightful owners of the property in question and they are legal successor in interest to the properties in question left behind by their ancestor.
7) That besides the above facts it is revealed in searches that there is no documentary evidence to show that how the mutation has been taken in the revenue records.The concerned Talathi(Village Officer) had issued a certificate dated 18/05/2010 informing the appellants that there is no record of entry of the transfer of property with the office. This clearly shows that the mutation of the property was carried out in the name of respondents without any authenticity,same can not stand at the scrutiny of law. There is to the appellants mind a grave degree of doubt in regard to the authenticity of the alleged transfer, grave enough for the Court to disregard the authenticity of the alleged transfer of properties in question.
8) That the plaintiffs asked the respondent No’s 3 to 16 to admit the claim of the plaintiff’s and to get the entries in the revenue record corrected/ incorporated in the name of the plaintiff’s,first of all the respondent No’s 3 to 16 avoided the request of the plaintiffs on one pretext or other and finally refused to accept the legitimate request’s of the plaintiff’s.
9) That after coming to know that fraud has been played upon the owner of the property in question, the appellant being the legal hiers of the original owner,having right title and interest in the said property, moved an application under section 257 of the Maharashtra Land Revenue code 1966 in the court of the Tahsildar Kuhi. Upon which the Learned Tahsildar passed an order dated 03/04/2013saying that his office doesn’t have the powers to review and correct the revenue records of the year 1954-55 and preceeding years, hence the appellants should appeal to higher authority.(Copy of the Order-Exhibit 1)
10) That after receiving the said order dated 03/04/2013 of Respondent No-2, the appellants on 01/06/2013 filed an Revenue Appeal No-34/RTS-64/2012-13,Mouja Sawali,P.H.No-53 Tahsil Kuhi in the court of Hon’ble Sub Divisional Officer,Umrer.(Respondent No-1).The Respondent No-1 issued an order dated 30/12/2013 stating that the case is dismissed as the appellants and their lawyer were absent. The Respondent No-1 without applying judicious mind and considering the material available on record passed the erroneous and unjustified impugned order which is liable to be quashed and set aside on the following grounds amongst the others.
IIn light of the above facts I want to know under which Sections of Maharashtra land Revenue Cpde1966 should I appeal and in whose office? 1)The Sub Divisional Officer(Who passed the order dated 30/12/2013),2) The additional collector 3) the collector40Dy Director Land Records please guide me on the same.
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