Decided on December 22,2017

Mahadeo Shripad Deo ... Appellant
Purushottam Shripad Deo And Ors Respondents


MRIDULA BHATKAR, J. - (1.) This First Appeal is directed against the judgment and order dated 21st December, 1988 passed by the learned Joint Civil Judge, Senior Division, Solapur in Land Reference No. 17 of 1980 wherein compensation granted by opponent no. 7/State of Maharashtra is apportioned.
(2.) The facts of the case, in brief, are as under: The respondents, i.e, the original petitioners, have filed the reference under section 18 read with section 30 of the Land Acquisition Act. The original petitioners are four brothers and widow and children of deceased brother Shrikant Shripad Deo. The opponents are deceased brother Mahadev Shripad Deo, his legal heirs and sisters of the petitioners and legal heirs of deceased sister of the petitioners. This is a property dispute between the children of original owner Shripad Deo. Some of the children are expired and therefore, their legal representatives have stepped in their shoes. The State of Maharashtra has acquired two lands bearing survey nos. 89A/1F admeasuring 40Ares and survey no. 89A/1F admeasuring 1 H 22 R originally owned by Shripad Deo. The State of Maharashtra by notification dated 31st March, 1980 passed award under section 12(2) of the Land Acquisition Act and granted total compensation of Rs.1,59,252/- for two lands with break up of Rs.41,400/- and Rs.1,17,852/-. The petitioners and respondents neither challenged the amount of compensation nor did they ask for enhancement of the said compensation but a Reference was made before the District Court, Solapur to apportion the amount of compensation between the children of Shripad Deo. The genealogy of the family of Shripad Deo is as follows: (i) Mahadev Shripad Deo (ii) Purshottam Shripad Deo (iii) Shantaram Shripad Deo Sons (iv) Ramdas Shripad Deo (v) Shrikant Shripad Deo (vi) Parwatibai Bhalchandra Kulkarni (vii) Sunanda Shripad Thite Daughters (viii) Sudha Nanasaheb Deshpande
(3.) The petitioners/brothers in their reference contended that they are the sons of deceased Shripad Deo and therefore, they only have the right over the amount of compensation of award by the Government in acquisition proceedings. Opponent no. 5 in Land Reference, i.e., sister Sudha Deshpande was the only contesting opponent and other sisters did not contest the claim of the brothers in the apportionment of compensation. Thus, as per the relief claimed by the petitioners, all brothers only can claim 1/6th share in the amount of compensation.;

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