TITLE SEARCH REPORT
This TITLE SEARCH REPORT is made at the instance of Mr.
Madhukar Baburao Charate, of Pune and upon the information and the
documents submitted by him.
Description of the property:
ALL that piece and parcel of the jirayat agricultural land at village
Deulgaongada within the Tahsil – Daund, Dist. – Pune
a. Gut No. – 406, Hissa No. – 1 (prior to consolidation scheme
Survey No. – 93/3B and 93/4) admeasuring about 3 H, 0 R and
bounded as follows
On or towards East by Supa Kedgaon Rd.
On or towards South the remaining portion of Gut No. 406
belonging to Vithoba Gundiba Tule
On or towards West by Gut No. 405 and 405/1
On or towards North by border of village Bori
b. Gut No. – 405, Hissa No. – 1 (prior to consolidation scheme
Survey No. – 93/2 and 93/3 a) admeasuring about 3 H, 0 R and
bounded as follows
On or towards East by Gut No. 406 and 406 /1
On or towards South the remaining portion of Gut No. 405
belonging to Nana Gundiba Tule
On or towards West by Gut No. 404
On or towards North by border of village Bori
Tenure of the land : Free hold.
Brief History of Devolution of Title:
Original Tule families held the land under Report (entire
Survey No. 93). As per the application preferred by Shri. Pandu
Gundiba Tule and others on 15.9.1963, properties of Tule
families, and prior to consolidation were partitioned between
them as per the Mutation Entry (Village Form No.6) No. 1148.
In the year 1963, Shri. Chima Rama Tule and Shri. Vithoba
Gundiba Tule purchased (two annas) i.e. 1/8 th share of
Dhondiba Kondiba Tule on 22.3.1963.
Revenue record for the year 1952-53 to 1965 is not available at
the office of Tahsildar, Daund, and also with the Talathi,
Deulgaon- Gada; Certificates to that effect were issued by the
said Revenue Officers, dated 6.9.1990. As per the Order and
Circular No. 752/ dt. 24.6.1947 of Settlement Commissioner
and Director of Land Records, Bombay; and as per Order No.
CON/ Deulgaon- Gada dated 18.5.1965 of Assistant
Consolidation Officer and Order No. JAM/ WS/ 381/65 by
Tahsildar, Daund, dated 14.6.1965, Village Form No. 12 was
prepared showing the Survey Nos. and their Sub-divisions and
name of the Holders respectively; vide Mutation Entry No.
1220.
Pursuant to the consolidation Scheme, Gat No. 405 was
prepared after consolidating Survey Nos. 93/2 (in exchange of
Khate No. 264) area whereof is 2 Acres 10 Gunthas + Survey
No. 93/3A (in exchange of Khate No. 47) area whereof is 9
Acres 9 Gunthas. Total area is 11 Acres 25 Gunthas i.e. 4-H,
70-R including Pot-Kharaba. The said Gat NO. 405 was allotted
to Shri. Nana Gundiba Tule.
Gat No. 406 was prepared after consolidating Survey No. 93/3B
(in exchange of Khate No. 47) area whereof is 1 Acre 39
Gunthas + S. No. 93/4 (in exchange of Khate No. 126) area
whereof is 9 Acres & 26 Gunthas. Total area is 11 Acres 25
Gunthas including Pot Kharaba. The said Gat No. 406 was
allotted to Shri. Vithoba Gundiba Tule.
Since then, the said Gat Nos. 405 & 406 were under the
personal cultivation and possession of the respective owners till
1983, as is evident from the entries pertaining to the year 1966
onwards recorded on 7/12 Extract. On 2.2.1983, Mr. Prakash
Mohanlal Agrawal and Mrs. Sunita Prakash Agrawal, appears
to have purchased the land from Shri. Vithoba Gundiba Tule in
his capacity as the natural Guardian of his minor sons Chima
and Rama Vithoba Tule, and as Karta of the Joint Hindu
Family. Another Vendor of Agrawal is Shri. Nana Gundiba
Tule, in his capacity as Karta of Joint Hindu Family and as
natural guardian of his minor sons Bhagwan & Santosh Nana
Tule. Sale Deed executed in favour of Agrawal is dated
2.2.1983 and registered in the office of Joint District Registrar,
Pune at Serial No. 28 dt. 2.2.1983, and Smt. Gayabai Gundiba
Tule, mother of Vithoba and Nana Tule, along with one Smt.
Makabai Kisanrao Garwade have jointed in execution of the
said Sale Deed as confirming parties. And also the Vendors
above referred to executed an Indemnity Bond in favour of the
purchasers Mr. & Mrs. Agrawal and the same is duly registered
in the office of Jt. District Registrar, Pune at Sr. No. 29 on
2.2.1983. Names of Prakash Mohanlal Agrawal and Mrs. Sunita
P. Agrawal were Mutated on 20.4.1984 and confirmed on
9.7.1984 by the Circle officer, Kedgaon with an endorsement
that the Purchasers are Agriculturists by Mutation Entry No.
423.
On 4.1.1989, Mr. & Mrs. Agrawal appear to have executed Sale
Deed in favour of Mr. Anthony Caracial Vaz and Mr. Derek
Anthony Vaz. The said Sale Deed is registered in the office of
the Joint District Registrar, Pune on 4.1.1989 at Sr. No. 11.
Names of Mr. Anthony C. Vaz and Mr. Derek A. Vaz were
mutated on 8.2.1989 by Mutation Entry No. 717.
Mr. Derek Vaz and Mr. Anthony Vaz are Agriculturists as per
their representation supported by documentary evidence made
before the Talathi and Circle officer, and they were in actual
possession of the portion of Gat No. 405 & 406 each 3-H, 0-R,
total area 6-H 0-R of their demarcated portion. Prior to the
execution of the Sale Deed in favour of the present Owner
B.A.B.Agro Limited.
From the 7/12 Extract since from 1983, pertaining to both the
lands, names of Mr. & Mrs. Agrawal and thereafter names of
Mr. Anthony Vaz & Mr. Derek Vaz along with the names of
Nana Gundiba Tule and Vithoba Gundiba Tule stand entered in
Kabjedar column, showing their respective holdings before
their names. In the column of other Rights, nobody’s name or
entry/ remark are found. In the column pertaining to the crop
cultivated, names of Mr. Anthony Vaz and Mr. Derek Vaz and
the names of Name & Vithoba Gundiba Tule are shown in
respect of their respective holdings.
On 21st Dec. 1990, Mr. Anthony C. Vaz and Mr. Derek A. Vaz
executed a Registered Sale Deed in favour of B.A.B. AGRO
LIMITED of the said captioned lands. The said Sale Deed is
registered in the office of the Joint District Registrar, Pune at
Sr. No. 1938 on 21.12.1990. Prior to the execution of the said
Sale Deed, B.A.B. AGRO LIMITED had obtained permission
from the Collector of Pune for purchase of the said agricultural
lands under Report i.e. Gat No. 406, area -3-H 0-R and out of
Gat No. 405, area – 3-H 0-R. Addl. Collector of Pune, granted
permission vide his Order No. PTA/ 902/ 11 Pune – 1, dated
14.12.1990 u/s 63 of B.T. & A.L. Act 1948, Rule 36 under the
said Act. The Talathi, Deulgaon-Gada, mutated the name of
B.A.B. Agro Ltd., on relevant Revenue record by Mutation
Entry No. 817. Gat Nos. 405 & 406 was Sub-divided and a
separate 7/12 Extract were opened and are maintained in
respect of their respective Owners via. B.A.B. Agro Limited
and the Tules.
I have perused the following documents and have relied on a
earlier Title and Search Report made by Mr. Udaykumar R.
Kulkarni, Advocate of 263, Budhwar Peth, Pune – 411 002
dated 18/06/1991.
a. The 7/12 extract as regards to the properties described in
scheduled a and b above.
b. The original records of Mutation entries having No. 717,
817, 423, 1410, 1971.
On 09/01/1991 by the mutation entry No. 817, the present
owners B. A. B. Agro Ltd. purchased the lands described in
scheduled a and b above from then owners Mr. Anthony Vaz
and others for the consideration amount of Rs. 5,76,000/- the
said transaction is recorded in the revenue documents according
to the order P.T.A./ 902/ 11- Pune -1, made by District
Collector, u/s 63 of B.T. and A.L. Act, 1948, rule 36 of the said
act.
The revenue records from the year 1990 until the date shows
the use of land for poultry purpose having the construction
made thereto.
I have caused to take search from the Index II registers kept and
maintained at the Sub Registrar Daund, Pune. In the year 1997
the Union Bank of India High Tech Agricultural Finance
Branch, Bhavani Peth, Pune recorded its charge on the said
property by its letter Ref: SAFB/ADV/BAB/384/97 dated
28/11/1997, stating the land given in mortgage by the said B R
B Agro Ltd to the Bank and receiving the loan of Rs. 50,
95,000/- and 45, 28,000/- Thus by the mutation entry No. 1410
authenticated on 13/02/1998.
From the mutation entry No. 1971 authenticated on 28/10/04
the Employees Provident Fund Authorities have charged both
the Gat Nos for the dues payable to them by the Order of the
Court dated 27/07/2004 for an amount of Rs. 10,19,315 with
the annual interest of Rs. 12%.
I have not found any other entry denoting any charge of any
manner including sales, mortgage, tenancy or any charge of any
other nature recoded at the office of the Sub Registrar, Daund,
Pune.
I have advised the Public Notice to be given to ascertain any
other document executed thereby creating any right and interest
of whatsoever nature; which the said Mr. Madhukar Baburao
Charate has not given until the date of this report.
The title of the owner, B.A.B. AGRO LIMITED to the Gat No.
405/1 and 406/1, Deulgaon Gada, Taluka – Daund, Dist. – Pune
( Detailed description of which stands furnished at page No. 1
of this report ) appears to be complete, perfect, absolute,
marketable from the above mentioned documents and revenue
record subject to the public notice.
