SAHADU BALA BOTRE Vs. NAMDEO BAPUJI KERALA

JUDGEMENT

(1.) The only question in this appeal is whether the interpretation put up by the High Court on second proviso to Section 84A of the Bombay Tenancy and Agricultural Land Act, 1948 is correct The appeal arises from the judgment dated June 17/18 1970 of Bombay High Court made in SCA No. 1133/64 (reported in AIR 1972 Bombay 25). The facts are not in dispute. The appellant had purchased along with another undivided interest in Survey No. 59 of a total extent of 106 acres situated in Sadavadi Village, Taluka Mawal in Pune District in which it is found as a fact that the respondent Namdeo Bapuji Kerala was the tenant. After unsuccessful attempt before Revenue Forums the appellant filed an application under Section 84A for validation of the sale deed which the appellant had. Though the Revenue Forums found that the appellant and the respondent Sahadu Bala Botre and Namdeo Bapuji Kerala were tenants in common, in Appeal No. 21/1957 by order dated February 28, 1958 it was held that Sahadu Bala Botre was not the tenant. That order had become final. Thereby the respondent became sole tenant of the land. The question then is : whether validation of the sale could be granted Section 84A reads thus :

(2.) The appeal is accordingly dismissed but in the circumstances without costs.