Hello,
A civil suit was filed in 1985 and judgement reached and a decree to the effect of partition of HUF lands was issued in favour of Plaintiff in 1988. One of the defendants died in February 1987 and a record to that effect was made in the said decree. No share of the deceased was given. The deceased had 4 daughters (not party to case) in addition to 3 sons (2 defendants and 1 plaintiff). Only share of 3 sons was issued in decree. Note entry in mutation of 7/12 was done at that time.
Both defendants never appealed against the virdict. Nor did the 4 daughters claim any shares as their mother's heirs. Note please, the 4 daughters had relinquished the share as father's heirs in favour of 3 brothers.
Meanwhile the plaintiff died and his only heir "B" moved records in his name.
The matter was then sent to the Maharashtra Revenue Department as 'darkhast' file. The said darkhast in 2007 came up for possession of lands (ताबा) and accordingly 1 land was handed over to plaintiff "B" by defendants. Note there was also a 2nd piece of land to be handed over to plaintiff "B" but file was never forwarded to that village's circle officer.
Although Tehsildar in his order had said the required entry be made to the 7/12 and file sent back to Tehsildar's office within 1 month, the village talati & circle officer didnt do it. Instead they waited till 2010 giving many excuses.
In December 2010 they informed plaintiff that mutation entry for deceased mother (who died in 1987) and for deceased plaintiff (father of "B") has to be first made in 7/12 before land records can be transfered solely on plaintiff B's name. (who is actually now the ताबा holder and who pays the land fees to talati).
An entry to this effect was made by talati wherein heirs of the deceased mother and deceased plaintiff were made. Deceased mother's heirs included her 3 sons and also her 4 daughters. Deceased plaintiff sole heir was "B".
So the 7/12 for the land now had names of 4 daughters plus names of 2 sons (defendants) in addition to plaintiff "B" name. Ideally giving account of the Tehsildar's order all other entries of names except plaintiff "B" should have been dropped off. But the talati again wasted time. (perhaps he was bribed)
Then in 2012 he was changed and new talati appointed. Now the new talati is claiming he is unawares of anything, he has lost/misplaced all documents and he will not cut the names of 4 daughters and 2 defendants unless he gets fresh orders from Tehsildar.
So plaintiff approached Tehsildar's office for relief. The Tehsildar's office is saying it is unable to locate the whereabouts of darkhast file now. Unless they have history of case, they wont issue fresh orders.
Questiosn now :
1) what can plaintiff do now to get relief in this regard?
2) If darkhast file is lost, what options does plaintiff have now to get the decree executed? (note the maps, Tehsildar's order and all such documents are lost if the file is lost). Who should be held accountable for loss of file and is there any way they can be punished?
3) Can the plaintiff approach the court for any relief? what can he do?
4) Can 4 daughters claim parts in the plaintiff's share of land after 25 yrs of issuing of decree? If so will Tehsildar decide their claim and how after giving ताबा is this possible? note 4 daughters only want claim in plaintiff's land and not defendants.
5) All this matter with talati and circle officer smacks of corruption and bribery to delay proceedings of compliance with court decree. What can plaintiff do to get justice because it is being delayed for so long?
6) 4 daughters had in 1992 also threatened plaintiff and his heir "B" with life threat and this matter was noted in police station as N.C. offence. plaintiff "B" is afraid for his life, what can he do if at all 4 daughter and/or their agents threaten him again?
7) also 2nd part of land which was decided as plaintiff "B"s share was never giving to him as ताबा. Is there any way he can get this land now?
Sorry its a long story but the matter has been unnecessarily complicated by talati and circle officers. Kindly give me some solutions.
