239-J-FA-31-08--- 1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
FIRST APPEAL NO.31 OF 2008
Devidas Pundlik Mahore
Age : major, Resident of Khubgaon,
Tahsil, Arvi, Dist. Wardha ... Appellant
-vs-
1. Shankar s/o Pundlik Mahore,
Age : major, Resident of Khubgaon,
Tahsil, Arvi, Dist. Wardha
2. Kisan Pundlik Mahore
Age major, Resident of Quarter
No.62/C Type 3, Sector-3,
Ordinance Factory, Chanda Colony,
Tah. Bhadrawati, Dist. Chandrapur. ... Respondents.
Shri S. D. Chopde, Advocate for appellant.
Shri Deven S. Lambat, Advocate h/f Shri S. N. Chinchghare, Advocate for
respondent No.1.
CORAM : DR (SMT) SHALINI PHANSALKAR-JOSHI, J.
DATE : JUNE 16, 2017 Oral Judgment :
In a reference made by the Special Land Acquisition Officer under Section 30 of the Land Acquisition Act, 1894, it was held by the Civil Judge (S.D.) Wardha, by his impugned judgment and order dated 24/10/2007, passed in LAC No.240/2006 that Shankar-respondent No.1 was alone entitled to receive the entire amount of compensation towards the land ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 ::: 239-J-FA-31-08--- 2/6 acquired by the SLAO. Hence being aggrieved, by the said judgment and order, his brother, Devidas has preferred this appeal.
2. Facts of the appeal can be briefly stated as follows :
Land admeasurig 2.80 H out of Survey No. 104 situate at Mouza Hashimpur, Tahsil Arvi has been acquired for Lower Wardha Project in LAC No.97/LQ/47/97-48. As per the revenue record, said survey number was standing in the name of three brothers viz. Shankar, Devidas and Kisan who are the appellant and respondent Nos.1 and 2 in the case. As Shankar was claiming exclusive right to get the entire amount of compensation, reference was made by SLAO before the trial Court.
3. According to respondent No.1-Shankar, his maternal grandfather viz. Ganpat Yadaorao Talhande R/o Sahur had adopted him in the year 1960 by virtue of registered adoption deed. After the death of Ganpat his property at Sahur was sold and Survey No.104 at Hashimpur was purchased in the name of Shankar, by registered sale-deed dated 15/03/1963. At that time his maternal grandmother Akolabai acted as his guardian. After the death of Akolabai in 1972, his natural father Pandurang Mahore added the names of Shankar and Kisan also in 7/12 extract of the said land. According to Shankar, he being adopted son of Ganpat and Akolabai, he had become the sole owner of the said land and therefore entitled to receive the entire ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 ::: 239-J-FA-31-08--- 3/6 amount of compensation.
4. Whereas according to the appellant Devidas, on the basis of the Will executed by his maternal grandmother Akolabai, the entries were made in revenue record in 1972 itself in the name of all the three brothers viz. Shankar, Devidas and Kisan and therefore all the three brothers should equally get 1/3rd amount of compensation.
As regards respondent No.2 Kisan, he had filed pursis vide Exhibit-6 before the Reference Court informing that he has no objection for giving entire amount of compensation to Shankar.
5. On the basis of the pleadings of the appellant and respondent No.1, the Reference Court framed necessary issues for its consideration. In support of his case, respondent No.1 examined himself and his sister, namely, Sulochana Virkhede whereas appellant-Devidas also examined himself. On appreciation of their evidence, the Reference Court was pleased to hold that, in view of registered adoption deed produced on record at Exhibit-19, it has to be held that respondent No.1 Shankar is the exclusive owner of the suit land and hence entitled to get entire amount of compensation.
6. While challenging the judgment of the Reference Court, learned ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 ::: 239-J-FA-31-08--- 4/6 counsel for the appellant has submitted that the alleged adoption deed at Exhibit-19 itself was found in the year 2005. Moreover, the said adoption deed was never acted upon and respondent No.1 continued to be treated as the son of his natural father Pundlik Mahore. It is submitted that the entries in the revenue record clearly go to show that the land was mutated, after the death of Akolabai, in the name of three brothers, on the basis of the Will executed by her on 12/09/1966. Thus it is submitted that the learned Reference Court has ignored this material evidence. Hence according to the learned counsel for appellant, the impugned judgment and order passed by the Reference Court needs to be quashed and set aside.
Per contra, learned counsel for respondent No.1 has supported the impugned judgment and order for the reasons given by the Reference Court, in its judgment.
7. In this case, the registered adoption deed is produced on record at Exhibit-19 which shows that in the year 1960 itself respondent No.1 was adopted by his grandfather Ganpat Tadaorao Talhande. Evidence of respondent No.1 further shows that his grandfather Ganpat has sold his property at Sahur and thereafter purchased the land, which is subsequently acquired by the Spl. Land Acquisition Officer. The registered sale-deed dated 15/03/1963 of the acquired land also shows that the said land was purchased in the exclusive name of respondent No.1 Shankar and Ganpat's ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 ::: 239-J-FA-31-08--- 5/6 wife Akolabai was shown as guardian of Shankar. It may be true that this adoption deed was found by respondent No.1 Shankar in the year 2005. However considering the fact that at the time of adoption he was below the age of ten years it cannot be said that he has fabricated the said document.
8. Moreover, if no such adoption had taken place, there was no reason for Akolabai, wife of Ganpat to purchase the land in the name of respondent No.1 Shankar. She could have purchased it in her own name. Moreover if she wished to give the said land to appellant and other brother, she would have purchased it in the names of all the three brothers. However, the very fact that Akolabai purchased the land in question in the name of respondent No.1 Shankar alone goes to prove that shankar was duly adopted by Akolabai and heer husband Ganpat and that was the reason why the land was purchased by registered sale-deed in the name of Shankar.
9. It is true that after the death of Akolabai in 1972, father of appellant and respondents got the said land mutated in the names of appellant and respondents and it was done on the basis of Will alleged to be executed by Akolabai on 12/09/1963. However, the said Will is not produced on record at all. The law is well settled that mere entries of names in the revenue record, even for several years together do not confer the title on the persons whose names are appearing in the revenue record. The ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 ::: 239-J-FA-31-08--- 6/6 entires in revenue record can, at the most may give rise to presumption as to possession but not as to the ownership or title. In the absence of alleged Will dated 12/09/1963 executed by Akolabai, the entries in the revenue record in the name of appellant and respondent Nos.1 and 2 cannot confer any right or title on the appellant or respondent No.2 in respect of this land. Therefore in my considered opinion, the Reference Court has rightly considered that respondent No.1 Shankar alone is the exclusive owner of land acquired by the Spl. LAO and he is entitled to get the entire amount of compensation.
10. As regards the dispute raised by learned counsel for appellant relating to identification of the land, perusal of paragraph 9 of the judgment of the Reference Court reveals that Reference Court has considered this aspect also and found that except for the land acquired in the case, no other land was found to be purchased by Akolabai and therefore there remains no question relating to identification of the land acquired.
11. To sum up therefore, the appeal holds no merits and hence needs to be dismissed and accordingly stands dismissed with no order as to costs.
JUDGE Asmita ::: Uploaded on - 30/06/2017 ::: Downloaded on - 28/08/2017 06:22:59 :::