The Times of India 9 Feb 2008 P 1 Delhi
A man failed to pay back a loan of Rs 8,400 in 1977, leading to the auction of his 9,200-square-yard plot on the outskirts of Ahmedabad for a sum of Rs 89,000 four years later. A long legal fight to win back possession consumed the man and his widow battled on. So far, this sounds like a common-enough story. But the finale of the saga is quite another matter. The widow won the case in the Supreme Court, but would have to shell out Rs 50 lakh to get back the land. And, what is even more surprising, the deal would still be worth it as the plot now costs Rs 2 crore. There could hardly be better vindication of the old-time Bollywood cliche, “insaaf ki chakki dheere pisti hai, par bareek pisti hai (the wheels of justice grind slowly, but grind fine)”, as the widow, Madhuben, would now get to own the land at Bavla village 30 years after her husband lost its possession. The Supreme Court quashed the auction of the land, executed in 1981, after persuading both parties to reach a compromise, under which Madhuben would pay Rs 50 lakh to the purchaser and he would return the plot to the widow. Based on the compromise, the bench comprising Justices Tarun Chatterjee and H S Bedi set aside the 27-year-old auction purchase after the widow’s counsel, H A Raichura, said it was unfair on the part of the authorities to auction the entire property when part sale of the huge tract of land could have satisfied the debt. The SC’s intervention ensured that the widow and her children who had been shortchanged by the authorities were able to get the just dues. Apart from once again highlighting the lengthy judicial process spanning more than two decades, the episode saw the widow’s counsel virtually mounting a mercy plea as the auction had been held valid by different judicial forums.
Under deal, SC helps widow win back land for Rs 50 lakh
The Supreme Court quashed the auction of the land, executed in 1981, after persuading both parties to reach a compromise, under which Madhuben would pay Rs 50 lakh to the purchaser and the plot would be returned to her. Madhuben’s husband could not pay back a loan of Rs 8,400 he had taken from one Vadilal Maganlal. Maganlal got a decree from the civil judge at Dholka in 1977 against her husband. The court passed an order for attachment of his property soon after he died. The widow and her minor children, though brought on record, could understand little of the prolonged litigation till their landed property was auctioned in 1981. The land was then purchased in auction for Rs 89,000 by one Thakkar Govindlal Balchandbhai. Madhuben’s counsel, H A Raichura, pointed out that the widow and her sons kept fighting the legal battle from the lowest forum till the high court, but surprisingly kept losing primarily because their lawyers remained absent, leading to dismissal of their pleas by default. However, the Bench was able to persuade the parties to reach a compromise taking into account the manner in which the widow and her children were done out of their land. On the basis of the compromise, the court directed setting aside of the auction sale on the condition that the widow and her children would deposit Rs 50 lakh before the district judge of Ahmedabad Rural at Mirzapur. If the money was not deposited as directed, then the widow and her children would return possession of land to the auction purchaser within one month of their failure to pay the amount, the court ordered.
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