(T.S. Thakur, C.J. and D.Y. Chandrachud and L. Nageswara Rao, JJ.)
Vithaldas Jagannath Khatri (D) and Others ___________ Appellant(s);
v.
State of Maharashtra and Others ___________________ Respondent(s).
(with interim relief and office report)
Civil Appeal No(s). 6006/2009, decided on November 23, 2016
The Order of the court was delivered by
Order
1. The legal representatives of the deceased appellant-Vithaldas Jagannath Khatri appear to have placed reliance upon a document purporting to be a deed of partition of certain agricultural land in support of their contention that they had acquired ownership over the disputed land long before the effective date under the provisions of the Maharashtra Agricultural Land (Ceilings on Holdings) Act, 1961. While a copy of the said document purporting to be a partition deed is on record and has been noticed by the authorities below it is not clear whether the alleged acquisition of rights under the said document was ever reported to revenue authorities in terms of Sections 148 and 149 of the Maharashtra Land Revenue Code, 1966. It is also not clear as to whether the revenue authorities had upon receipt of such a report taken any steps to acknowledge the creation of the alleged rights in favour of the legal representatives of the deceased appellant. The orders under challenge on the contrary suggest that the ownership of the land had continued in the name of the deceased in the revenue records despite the alleged execution of the partition deed. Confronted with this position Ms. Indu Malhotra, learned senior counsel appearing for the appellants seeks a short adjournment to take instruction and place on record material to suggest that the execution of the so-called partition deed and the acquisition of the rights thereunder by her clients was duly reported and accepted in appropriate proceedings envisaged under the land revenue code mentioned above. Copies of the record of rights in relation to land in question with effect from 31.09.1970 till 02.10.1975 shall also be placed on record.
2. Needful shall be done within six weeks.
3. List after winter vacations.
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