-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL NO. 402 OF 2008 ALONGWITH CIVIL APPLICATION NO. 1033 OF 2008 IN S.A. NO. 402/2008 Laxman Gangaram Kasare .. Appellant. (Org.Defendant) V/s. Sau Rama Rajiv Sawant, through power of attorney holder - Mr.S.B.Tendulkar .. Respondent. (Org.Plaintiff) --- Mr. C.G. Gavnekar for the Appellant. --- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 30th September, 2008. DATED : 30th September, 2008. DATED : 30th September, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Gavnekar, learned counsel for the appellant. 2. This is the appeal by the original defendant. The respondent-plaintiff’s suit for injunction simpliciter is decreed by the trial court. The said decree is confirmed by the lower appellate court in an appeal filed by the present appellant. The respondent -plaintiff’s purchased the suit property from the appellant by registered sale deed dated 7.7.1994. Both -: 2 :- the lower courts concurrently recorded the finding that the respondent is in possession in pursuance of the registered sale deed and therefore, the respondent’s suit came to be decreed. 3. Mr. Gavnekar, learned counsel for the appellant submitted that the above sale deed is in violation of the provisions of section 43 of the Bombay Tenancy and Agricultural Land Act, 1948. I find no merit in the submission. The registered sale deed was executed on 7.7.1994 and respondent was put in possession. The possession of the respondent was obstructed and, therefore, she constrained to file suit for injunction simplicitor in the year 1998. In this suit, for the first time, the appellant raised an objection regarding validity of the sale deed. In my view, the appellant who is party to the registered sale deed cannot be now allowed to challenge the validity and illegality of the sale deed. Till today, the competent authority under the BT & AL Act has not set aside the sale deed on the alleged ground of contravention of provisions of section 43 of the said Act. The validity and illegality of the sale deed ought to have been challenged within reasonable time. The same was not done. The appeal is devoid of any merit. No substantial question of law is involved. -: 3 :- 4. The second appeal is, therefore, dismissed. 5. In view of the dismissal of the second appeal itself, the civil application does not survive and the same is disposed off as such. (R.V.MORE,J.)