Proprty dispute becasue of the revenue result for house property.
Grandfather died in 3/7/1963. After that My uncle (elder son) and father had submitted hand written application in Grampanchayat for partition of Grampanchayat Milkat. The application given on 26/8/1963 and Grampanchayat taken action on 29/8/1963 and registered the name of Father and uncle on Milkat as per application details mentioned. So uncle and father taking the benefit of their Milkat. Also each paid taxes for their respective Milkat for last 40 yrs.
Milkat details on Grandfather name in GramPanchayat were : 41, 42, 146, 351.
Partition happened on 29/8/1963 and Divided milkat as 41, 42, 146 on my father name. 351 on Uncle name.
Father sold 41, 42 Milkat in 1978.
Uncle sold 351 milkat in 1985. Hence no milkat on uncle name after 1985.
Father has possession of milkat 146 till 2000 and paid the taxes also.
All Grampanchayat Namuna 8 of 146 milkat have mentioned that as per application given on 26/8/1963 the Milkat is registered on Father name.
These milkat are in small village. City survey office came in 1969. After in 1970 both uncle (351 milkat) and father(41, 42, 146 milkat) registered their milkat in City survey office.
Also all lands also divided in 1964 and registered the same in Revenue record of uncle and father name as per partition application submitted by both. Uncle sold all their land in 1997. Father still have all land as it is on their name.
Before this, there was one thing as - My Grandfather took the Grampanchayat Milkat 146 From the previous owner in 1958. After sale deed happen Grandfather name registered in Grampanchayat for milkat 146.
No city survey office present till 1969.
But then previous owner relative asking and annoying to grandfather for share in Milkat 146. So grandfather In 1959 filed a application in the Civil court (Taluka - Junnar, Dist - Pune) for restraining the owner relative and the same application rsulted in favor of grandfather - as the Previous owner has lawful possession hence the Grandfather (plaintiff) will remain as owner and have lawful possession.
Then the relative again filed the appeal in the next Civil court (Pune) , their the appeal of owenr realtive is dismissed in 1962.
After that they again filed the appeal in High court (Bombay) in 1962 which passed the order in year 1969 as - "Original owner had lawful possession. Hence the plaintiff have the lawful possession and no change will be done."
In 1959, 1962 the plaintiff (Junnar court in 1959) , respondent(In pune court 1962) name in court case was on my grandfather name. After that they died in 1963 and in Bombay high court where the the case was running on milkat 146 that milkat as registered on my father name in the partition happened between my uncle and father in 1963 as mentioned in the start. Hence my father were looking after into the case.
But as per law, defendant has registered the Name of my uncle (elder son) name and others as defendents in case after grandfather died and father has not changed that to their name. Later - Result of high court came in 1969 as same as below two courts (Junnar and Pune) given - the previous owner had lawful possession. But the respondent name was like " uncle name and other ....).
So as father was owner of the Milkat as per the partition happened in 1963 and registered in Grampanchayat record, hence in 1970 they registered their name to city survey office as per the high court result. (Saying as per high court result the father os owner of the milkat and name added to city survey office)
After that in 2000, My uncle filed case in City survey court saying that the high court has given the result on - "Uncle name (as elder son) and others. " Hence the City survey people given order as to add my uncle name in the Milkat. They even not considered the how the partition happened in 1963 between uncle and father, also 40 years record of Grampanchayat, city survey . My uncle has given the money to city survey officeer to give result.
One thing done by Father is that, because of economical problem - not given any advocate and made self argument in the city survey court as a result the Uncle succeeded to add their name to City survey office and then to Grampanchayat in 2004.
We filed the Civil suit for the same. But question - Is grampanchayat 40 yrs record doesn't matter in this?
Now I have collected all the documents like -
1. Document of 29/8/1963 - Mlikat registered 41,42,146 on Father name and 351 on uncle name.
2. Grampanchayat Tax paid from 1963 to 2000 by father for Milkat146. and Uncle paid on 351 till 1985 (before sold)
3. High court order copy of 1969 saying - The previous owner has lawful possession.
4. Sale deed copy of uncle property (351) and father property (41, 42) .
I have recevied reply to my RTI application from grampanchayt office to provide the all details of the Milkat from the 1962 like :
1. The milkat on Grandmfater name on 1962.
2. Details of Grampanchayat milkat partition happened in 1963.
3. who has paid the taxes for what Milkat no till what date?
4. Are the owner had lawful possession of theMilkat?
5. Did Grampanchayat followed the rules/ regulation while partition done on 29/8/1963?
Grampanchayat unable to provide the copy of the partition application submitted by uncle and father in 1963 for partition? But they have mentioned in my RTI reply as "The copy of the application is not found in the record but the name registered in the record as per the application".
Also father don't have that?
This is little big story but need your suggestion on below questions :
1. As uncle have positive grounds from the high court result as their name is written as defendants.
2. As the possession of the property since 1963 to till date with father will that helpful for us in civil suit?
3. Uncle will take the benefit of the Revenue court result is that really helpful for him in civil suit filed by us?The revenue court in their result mentioned that add uncle name as father don't have partition application copy to show partition happened in 1963? Also Revenue court said that if we are not agreed on the order given - go to civil court for declaration of title pf ownership.
Please suggest your views on this.