KRISHNABAI ANAJI GHULE Vs. NIVRUTTI RAMCHANDRA RAYKAR

JUDGEMENT

(1.) Two decades have elapsed since the commencement of the proceedings involving a simple issue whether the first respondent designated as certificated landlord is entitled to recover possession of land bearing Survey No. 14/A/2 admeasuring 7 acres and 13 gunthas situated at Village Manjari Badruk Taluka Haveli Distt. Poona in Maharashtra State from appellants 1 to 3 who are heirs of excluded tenant Shri Ghule and appellant No. 4 who is also an excluded tenant.

(2.) A brief re'sume' of the various proceedings leading to the present appeal may shed some light on a simple issue involved in this appeal. One Ramchandra Gopal Raykar, father of the first respondent landlord leased land included in Survey No. 14/A/2 to two different persons. Land admeasuring 4 acres out of total area of 7 acres and 13 gunthas was leased to Shri Anaji Maruti Ghule. Appellants Nos. 1 to 3 are the heirs and legal representatives of Sh. Ghule. The remaining 3 acres and 13 gunthas of land was leased to Vishnu Maruti Tilekar appellant No. 4 in this appeal.

(3.) After a partition in the family of the landlord, the land involved in this appeal fell to the share of the first respondent landlord. He moved an application under Section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 ('Tenancy Act' for short) praying for a certificate therein envisaged on the allegation that his holding does not exceed the economic holding and total annual income of the landlord including the rent of such land does not exceed Rs. 1,500/-. After an enquiry made by the Mamlatdar as contemplated by Section 88-C(iii) and (iv) an exemption certificate was granted to the landlord. The order of the Mamlatdar was challenged by the tenants up to the High Court of Judicature at Bombay, but the order of the Mamlatdar granting exemption certificate withstood the challenge. And that order has become final. The effect of the granting of an exemption certificate is that, amongst others, provisions contained in Sections 32 to 32R shall not apply to the land leased by such certificated landlord. In other words, the excluded tenants of such certificated landlord shall not become the owner of the land on the Tillers' day i.e. 1st April, 1957.