Jaysingh Rawal Etc Vs. State of Maharashtra & Ors  INSC 486 (24 September 1998)
Mr. Justice G.T.Nanavati Hon'ble Mr. Justice S.P.Kurdukar V.N.Ganpule, Sr.Adv.,
Manoj Kumar Mishra and Sunil Jain, Advs. with him for the appellants M.S.Nargolkar,
Sr.Adv., D.M.Nargolkar, Adv., A.M.Khanwilkar, Adv. (NP) with him for the
Respondents JUDGEMENT The following Judgment of the Court was delivered:
J The only question that arises for consideration in these appeals is whether
the appellants were the owners of lands bearing Survey Nos.284/1, 286, 291/A,
292/2, 283 and 291/B or whether Zipabai was the owner thereof. The Commissioner
in the revisional proceedings held that the appellants were the owners and not Zipabal.
Therefore, those lands were included in the holdings of the appellants.
High Court also on consideration of the record and the material placed before
it held that the two gift deeds of 1970 were not valid and the lands continued
to be the lands of the original landholder. Thus, the Commissioner and the High
Court have held that the said lands really belonged to the appellants and,
therefore, they were rightly included in the holdings of the appellants for the
purpose of determining surplus land held by them. These were questions of fact
and the Commissioner and the High Court have rightly decided them. No intereference
is therefore, called for by this court. These appeals are dismissed with on
order as to costs.