IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 88 OF 2007 WITH CIVIL APPLICATION NO. 201 OF 2007. Bhaskar Dnyanoba Ghuge...... ...... ...... Appellant V/s Bhau Vithal Patil & Ors. ...... ...... ......Respondents. Ms.Deepa Chavan, Adv. For the appellant. Mr.S.J.Ghogare, Adv. For respondent No.1. CORAM: R.V. MORE, J. 11th DECEMBER, 2008. PC: Heard learned advocates for respective parties. The appellant is the original plaintiff and the respondents are the original defendants. Suit was filed for declaration that the registered sale deed executed by Gitabai in favour of respondent- defendant No.1 is null and void. There is no dispute that the suit property was given to deceased Gitabai in the year 1935 in lieu of maintenance during her life time. Gitabai died in 1986. Therefore in view of the provisions of section 14(1) of the Hindu Succession Act she became absolute owner of the suit property. Respondent No.1- defendant No.1 was tenant in the suit premises. The suit property thereafter was sold by Gitabai to respondent-defendant No.1. The 1 sale deed was regularized by the additional Tahsildar under the provisions of Bombay Tenancy and Agricultural Lands Act, 1948. The appellant-plaintiff challenged the order of Tahsildar before the Assistant Collector and later before the Maharashtra Revenue Tribunal. However both of the proceedings were dismissed. The appellant-plaintiff as stated above, claims relief of declaration that the sale deed in favour of respondent No.1 is void. Since sale deed is regularized by the tenancy authority under B.T. & A.L. Act, 1948 both the courts below held that the jurisdiction of the civil court was barred under the provisions of section 85 of the Bombay Tenancy Act. I do not find any error in the impugned order so as to call for interference. Second appeal being devoid of any merit stands dismissed. In view of disposal of second appeal, civil application No.201/07 does not survive and the same also stands disposed of. 11.12.08 (R.V. MORE, J.) 2