KAHANDU DAULAT DANGDE Vs. JAY WANTRAO YADAVRAO KHARADE

JUDGEMENT

(1.) The appellant was the tenant of the agricultural land in dispute. The land was owned by Anjanabai. After her death on 8-8-1969, Hirabai and Draupdabai, respondents in the appeal herein, became the owners. The Agricultural Lands Tribunal in the proceedings under section 32-F read with section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 (the Act) came to the conclusion that the appellant was not entitled to purchase the land in dispute and as such was directed to surrender the possession of the said land to the respondents. Appeal against the said order was dismissed by the Sub-Divisional Officer, Parner Division at Ahmednagar Revision application filed by the appellant was also dismissed by the Maharashtra Revenue Tribunal, Pune. The appellant, thereafter, challenged the orders of the authorities under the Act by way of a writ petition before the Aurangabad Bench of the Bombay High Court which was dismissed on 22-6-1994. This appeal by the appellant-tenant is against the judgment of the High Court.

(2.) We may briefly state the facts. One Yadavrao @ Yadu Kharade and his three sons---Baburao, Jaywantrao and Shankar---from his wife Anjanabai and the fourth son Balu from a predeceased wife constituted the joint family. Baburao filed a civil suit in the Court of Civil Judge at Shrigonda for partition and possession of his share in the joint family property. The suit was disposed of by the trial Court on 6-4-1961 by way of compromise decree. It is not disputed that as a result of the compromise decree partition took place and the property was divided by metes and bounds. The land in dispute came to the share of Anjanabai. It is further not disputed that the appellant was the tenant of the land in dispute since prior to 1-4-1957 (tillers' day).

(3.) After the tillers' day, Anjanabai applied for an exemption certificate under section 88-C of the Act. The said proceedings were taken to the High Court which remanded the same for disposal to the original authority. After the death of Anjanabai, the proceedings were continued by her heirs and were finally disposed of by the Additional Tahsildar on 1-12-1981.