MORESHWAR BALKRISHNA PANDARE Vs. VITHAL VYANKU CHAVAN

JUDGEMENT

(1.) This appeal, by special leave, is from the judgment and order of the High Court of Judicature at Bombay, allowing Writ Petition No. 1560 of 1981, filed by the respondents, on July 19, 1991.

(2.) Before adverting to the contentions of the parties it will be appropriate to refer to the relevant facts. The predecessor-in-interest of the appellants was the landlord of agricultural land bearing Survey No. 238/1 measuring acres 2 and guntas 5 in village Kalgaon, District Satara, Maharashtra State (for short, 'the land'). He filed tenancy case No. 252/61 before the Tenancy Aval Karkun Karad (for short, 'the Mamlatdar') against Vyanku Daji Chavan, the tenant of the land, claiming exemption certificate under sub-section (4) of Section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (all sections referred to in this judgment are of the said Act unless otherwise stated). During the pendency of the tenancy case both the landlord as well as the tenant died. The appellants are the legal representatives of the landlord and the respondents are the legal representatives of the tenant. By order dated April 26, 1972 the Mamlatdar granted exemption certificate under sub-section (4) of Section 88-C in favour of the appellants. The aggrieved respondents carried the matter in appeal before the Sub-Divisional Officer, Satara Division, who set aside the order of the Mamlatdar by order dated February 25, 1974. The appellants challenged the validity of the said order in the Bombay High Court in Special Civil Application No. 2526 of 1974. On January 11, 1979 the High Court set aside the said order of the Sub-Divisional Officer holding that for purpose of Section 88-C the total income of the deceased-landlord as on April 1, 1957 should be the criteria and not that of the appellants and thus restored the order of the Mamlatdar by allowing the said writ petition. Immediately thereafter the appellants terminated the tenancy by issuing notice to the respondents on January 27, 1979 and making application to the Mamlatdar for possession of the land for personal cultivation under Section 33-B(3)(b) read with Section 29 in March 1979.

(3.) On August 2, 1979, during the pendency of the said application, the respondents applied under Section 88-D(1)(iv) for revocation of exemption certificate on the ground that the income of the appellants had exceeded Rs. 1500/- per year. The Additional Commissioner, Pune Division, Pune, having regard to the order of the High Court in the Writ Petition No. 2526 of 1974 dated January 11, 1979, rejected the application of the respondents as not maintainable by order dated January 17, 1981. The respondents assailed the correctness of that order in the High Court in Writ Petition No. 1560 of 1981. By the impugned order dated July 19, 1991, the High Court quashed the order of the Additional Commissioner holding that the application for revocation of the certificate was maintainable and remanded the case for fresh disposal on merits. It is that order which is the subject-matter of the appeal before us.