Separate possession and partition ordered by the collector cannot be disputed : Bombay HC
TITLE : Mahadev v Smt, Rukmani Govindrao Khatmode
CORAM : Hon’ble justice Sandeep V. Marne
DATE : 19th December, 2023
CITATION : W.P No 100158 of 2018
FACTS
A land was originally owned by a Maruti Ramu Atole who died. One of the grandson executed a registered sale deed in favour of Govind Ravsaheb Khatmode without obtaining permission of the District Court for sale of share of the other grandsons and granddaughters. They were however, minors at the time and Govind assumed and claimed ownership of the property. A Sambha Bapu Jarande was claiming tenancy rights in respect of the same land and was in occupation of the property. Govind iled a civil suit and during the pendency of the case, the grandson and granddaughters filed a civil suit against both Govind and Sambha challenging the sale deed and possession. As far as the possession was concerned, it was held by the trial court that the possession was a trespass. The sale deed was voidable and respective shares were given to the grandsons and granddaughters, Govind was entitled to some share. He filed execution proceedings seeking possession of share of the granddaughters. Section 54 of CPC was used for the final decree. The Minister Revenue ordered that the land should be handed over to the respondents and the same is being challenged.
LAWS INVOLVED
Section 54 of CPC states that :
When there is a decree for separate possession of an undivided estate, the partition of the estate will be made by the collector or any gazetted subordinate for the time being.
ISSUES
Whether Revenue Authorities have the authority to handover possession of the land in question to Respondent Nos.1 to 9 in execution of the decree dated 23 September 1980?
JUDGEMENT
The court held that the trail court’s decision should be followed in effecting the partition and handling over of possession of land allotted to the respective shares including Govind. The trial court’s phrasing was “‘hence plaintiffs are not entitled directly to take possession of suit lands from defendant no.2” and that is why separate possession and partition was done. The court held that the order passed by the Minister Revenue recognizes the same. It determines the right between parties with regard to possession of land.
“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”
Written by- Sanjana Ravichandran