In the year 1941, the land in question was sold by the predecessor of the Respondent herein to the predecessor of the Petitioners by a registered document which was registered at Sr.No.1348. Thereafter the Respondent herein has purchased the said land by a registered sale deed dated 22/05/1985 for a consideration of Res.35,000/- from one Savaliram Radhu Wagh and others. The said sale deed is registered with Deputy Registrar, Niphad at Sr. No.1059 of the year 1985. On the basis of said sale deed, an entry was effected in the revenue records vide Mutation Entry No.430. Whilst effecting the said mutation entry, remarks were made in the other rights column of 7x12 extract that the land belongs to tribal. Because of the said remarks suo motu proceedings under section 3 of the Restoration Act of 1974 r/w provisions of Section 36 & 36A of the Maharashtra Land Revenue Code, 1996 were initiated by the Tahsildar, Niphad. In the said proceedings, the notices were issued to the Petitioners and the Respondent. The Respondent herein filed say to the proceedings along with the documents. The Petitioners herein also filed their written say and contended that the transaction is against the provisions of the Act of 1974 and they are entitled for the restoration of the land and objected to remove the remarks made in the other rights column from the revenue record. They have also produced the photocopies of their caste certificates issued by the Sub Divisional Officer, Niphad.
