1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 551 OF 2010 1. Deelip S/o Vishwanath Navarkhele, and another .. Appellants Versus Deelip S/o Shivaji Hogade .. Respondent Smt. R. R. Mane, Advocate for Appellants. Shri P. R. Katneshwarkar, Advocate for the Respondent. CORAM : S. V. GANGAPURWALA, J. DATE : 31TH AUGUST, 2010. PER COURT : . The unsuccessful defendants have assailed the judgment of the Courts below. Both the Courts have decreed the suit of the plaintiff for recovery of possession on the count that the plaintiff is legitimate owner of the suit property bearing Gram Panchayat House No. 675 having purchased the same by registered instrument from Vishwanath i. e. the father of the present appellants. 2 2. Smt. Mane, learned counsel for appellants contended that the suit property is the property allotted by the Government to Vishwanath. Vishwanath had no right and authority to sell the property without sanction of the Collector. Even the present appellants have got right over the said property. According to the learned counsel, the said sell is hit by the provisions of Section 36-A of the Maharashtra Land Revenue Code. 3. Shri Katneshwarkar, learned counsel for the respondent supported the judgments of the Courts below and submitted that each of the appellants have got separate house in their name. Gram Panchayat house No. 675 was exclusively owned by Vishwanath and he had every right and authority to sell the same. 4. Both the Courts have concurrently after examining the evidence documentary as well as oral have come to the conclusion that gram panchayat house No. 675 was the exclusive property of Vishwanath and he had every right and authority to sell the said property and the present appellants are in occupation and are owners of other properties bearing Gram Panchayat House No. 676, 677 and 678. 3 5. In the light of the above, no error can be found in the judgment of the Courts below. As such, the second appeal is dismissed, however, there shall be no order as to costs. [ S. V. GANGAPURWALA, J.] bsb/August 10