SUBHASHCHANDRA AND ORS. Vs. KONDBARAO AND ORS.

JUDGEMENT

(1.) THE appeal is filed to challenge the judgment and order of Regular Civil Appeal No. 94/1981 which was pending in the Court of the Additional District Judge Parbhani and also to challenge the order made by the Civil Judge Junior Division Hingoli dated 2 -5 -1981 in Regular Darkhast No. 40/1980. Both sides are heard.

(2.) ARGUMENT was heard on mainly following point which was treated as substantial question of law.

(3.) KONDBARAO and respondent No. 2 Ramrao had filed proceeding to challenge the sale of the agricultural land by contending that they were having tenancy rights in the land and so the attachment of the land and its sale was illegal and void. Objection proceeding filed in the execution proceeding was rejected but the Appellate Court held that the attachment and sale was illegal and allowed the objection raised by respondent Nos. 1 and 2. This decision was challenged by filing Civil Revision Application No. 155/1970 by the appellant. This Court held that only to the extent of portion of 5 acres 19 gunthas attachment and sale was illegal and not valid but in respect of remaining portion of the land the sale and attachment was valid. This Court, however, observed that for deciding rights of the persons like Kondbarao they need to approach appropriate forum, tenancy Court. The Civil Revision Application was decided on 11 -12 -1979. Kondbarao then applied to the executing Court for restoration of possession by using section 144 of the Civil Procedure Code. Present appellant opposed the said application. The objection of the appellant was rejected and the Court issued possession warrant for handing over of the possession of entire portion to Kondbarao and accordingly the possession came to be handed over to Kondbarao on 27 -2 -1981.