[Special Leave Petition (Civil) No. 19552 of 2013]. The petitioners herein are the plaintiffs in suit No .632 of 2010 on the file of the Special Civil Judge (Senior Division), Thane and the respondents are the defendants therein. For the sake of convenience they are referred to in this judgment as they are in the suit. The suit is filed with the prayers as follow:- it be declared that the suit lands were agricultural lands on 1.4.1957; if be declared that the predecessor-in-title - Kalya Padya Patil of the Plaintiffs was lawfully in possession and cultivating the suit lands on 1.4.1957 as tenant thereof and consequently had become the deemed purchaser thereof and the Plaintiffs being the heirs of said Kalya Padya Patil are therefore entitled to the benefits conferred upon him by the provisions of B.T. & A.L. Act. It be declared that the Sale transactions that took place after the Tillers Day i.e. dated 22.3.1960, 21.10.1963 and 30.5.1964 which were recorded in the Mutation Entry Nos. 357, 466 and 467 respectively, are illegal, bad in law, void ab-initio and not binding upon the Plaintiffs. It be declared that the proceedings i.e. Tenancy Case No. 22 of 1964 and 23 of 1964 initiated by the predecessor-in-title of Defendant Nos. 1 to 6 were not maintainable hence, the orders dated 30.1.1965 passed in the said proceedings are without jurisdiction, nullity and not binding upon the Plaintiffs.
↧