KESHAV BHAURAO YEOLE (D) Vs. MURALIDHAR (D)

JUDGEMENT

(1.) The appellants are the legal heirs of original landlord, Keshav Bhaurao Yeole (hereinafter referred to as "landlord" for ease of reference). Survey No. 291 (admeasuring 26 acres 13 guntas) and Survey No. 290/1 & 290/2 (admeasuring 8 acres 21 guntas) had been given on lease to Respondent Nos. 2 & 5 (now deceased) namely Murlidhar Damodar Modhave & Bhausaheb Damodar Modhave and Respondent No.1 namely Kundalik Damodar Modhave (now deceased) respectively, (hereinafter referred to as "tenants") through two separate lease deeds dtd. 30/8/1962, for a period of 13 years. The lease in respect of Survey No. 291 was specifically executed for cultivation of sugarcane crop, whereas the lease for Survey No.290/1 & 290/2 were for cultivation, generally.

(2.) On the expiration of the tenure of the lease, a notice (dtd. 5/9/1975) for termination of tenancy (hereinafter referred to as 'notice') had been issued to the tenants. The landlord sought to recover possession for the purpose of personal cultivation. It was stated in the notice that the tenanted land was the principal source of income for the family and that their livelihood was dependent on the cultivation of such lands. It is critical to note at the very outset that the notice pertained to land bearing Survey No.291 only and no separate notice of termination of tenancy was issued in respect of land bearing Survey No. 290/1 & 290/2.

(3.) Since the tenant did not voluntarily relinquish his possession in response to the notice, the landlord initiated proceedings,Tenancy Case No. 2/1977 for resumption of tenanted lands before the Court of Tenancy Awal Karkun, Rahuri (hereinafter referred to as 'original authority') under Sec. 29 read with Sec. 43A(1)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948,The Act has since been renamed as the Maharashtra Tenancy and Agricultural Lands Act, 1948 by Maharashtra Act 24 of 2012. (for short 'the Act'). Through these proceedings, the landlord had sought to recover possession of lands leased under both lease deeds, that is, Survey No. 291 and Survey No. 290/1 and 290/2.