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Appaji Tukaram Patil, Since Deceased by His Heirs and Lrs. Vs. Raosaheb Tukaram Patil - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtSupreme Court of India
Decided On
Judge
Reported in1984Supp(1)SCC429
AppellantAppaji Tukaram Patil, Since Deceased by His Heirs and Lrs.
RespondentRaosaheb Tukaram Patil
Cases ReferredNagesh Bisto Desai v. Khando Tirmal Desai
Excerpt:
.....that court directed that a fresh valuation had to be made under cl. (a) of s. 127 by the executive officer, starting from the proceeding mentioned under s. 131(2)(b). the respondent thereupon appealed to the high court. but the contentions raised by it were rejected; however, in view of the fact that the time-limit for an assessment by the executive officer under s. 131(2)(b) having expired he could no more make the valuation which the court of small causes directed him to make and to prevent the corporation being deprived of its rates as a result of such expiry of time, the high court made an order remanding the case to the court of small causes and directed it to make the valuation itself. in the appeal to this court it was contended on behalf of the appellant that as the original.....order1. the question involved in this special leave petition is directly covered by the decision of this court in the case of nagesh bisto desai v. khando tirmal desai : [1982]3scr341 . following that decision it must be held that patilki watan lands on the resumption of watans and their regrant under the maharashtra revenue patels (abolition of office) act, 1962 retained their character as joint family property and became partible. it follows that all the members of the joint family had a share in the said property as they had in any other property of the joint family. the special leave petition is therefore dismissed.
Judgment:
ORDER

1. The question involved in this special leave petition is directly covered by the decision of this Court in the case of Nagesh Bisto Desai v. Khando Tirmal Desai : [1982]3SCR341 . Following that decision it must be held that Patilki Watan lands on the resumption of Watans and their regrant under the Maharashtra Revenue Patels (Abolition of Office) Act, 1962 retained their character as joint family property and became partible. It follows that all the members of the joint family had a share in the said property as they had in any other property of the joint family. The special leave petition is therefore dismissed.


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