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1988 DIGILAW 107 (SC)

Jajaba Shankar Jadhav v. Shankarraoyadavrao Jadhav

1988-02-02

K.N.SINGH, M.P.THAKKAR

body1988
(1) WE are told that insofar as a large part ofthe land in dispute, namely, land comprised in Survey No. 266 admeasuring 12 acres 24 gunthas is concemed, it was originally PatiIki-Vatan tenure. This Vatan has been abolished bythe relevant Vatan Abolition Act in 1962.the land has, therefore, vested untothe State in 1962. It will be re-granted to whosoever is entitled to such re-grant in accordance withthe relevant Abolition Act. It is stated before us that re-grant has been made in favour ofthe appellants butthe respondents hve carried an appeal and th appeal is pending beforethe comptent authority. Tillthe question of re-grant is determined, it will not be possible to dispose of this appeal effectively. It may be stated that so far as respondents 3-10 are concemed, they daim to hve a one third share in this land by virtue of sale deed dated 10/11/1964. On that datethe land was vested unto th State andthe vendor was notthe owner. Whatever rights, if any, they hve acquired underthe sale deed, may possibly be exercised if available underthe law againstthe vendor if a re-grant is made in this favour. In this state of affairs it will not be possible to dispose of this appeal at prsent though it was fixed for final disposai as perthe earlier order. Underthe circumstances,the matter will stand adjoumed for one year. Th matter will be listed inthe first week of February 1989. At that point of time, inthe light ofthe final order in regard to re-grant,the court may be in a position to dispose ofthe appeal. It will be open tothe respon dents to requestthe comptent authority to expeditethe hearing ofthe appeal preferred by them. Order accordingly. COURT Master