TUKARAM MARUTI CHAVAN Vs. MARUTI NARAYAN CHAVAN

JUDGEMENT

(1.) This is an appeal by special leave against the judgment and order dated 9th of June, 1999 of the High Court of Judicature at Bombay in Writ Petition No. 4600 of 1983, whereby the High Court had affirmed the decision of the Courts below.

(2.) The relevant facts leading to the filing of this appeal, as emerging from the case made out by the appellant may be summarized as follows :

(3.) The dispute arose out of the provision of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act") relating to the land being Gat No 44, measuring 5 Hectares and 24 Acres in village Malangaon, Kavathe, Mahankal Tahsil of Sangli District in the State of Maharashtra (in short "the disputed land"). Late Smt. Narmadabai who was a widow, was the original landowner of the disputed land. She died in 1964 leaving behind her two sons Ramchandra and Laxman Bhau Sutar. On 1st of April, 1957, i.e. on the Tiller's Day, the Appellant was in cultivation of the disputed land. The original tenant named Maruti died subsequently in 1994 during the pendency of the Writ Petition in the High Court of Judicature at Bombay. The original tenant had initiated proceedings under Section 32-G of the Act before the Additional Tahsildar, Kavathe Mahankal, and the case was decided in his favour with the purchase price of the disputed land being fixed. Thereafter, one of the heirs of the deceased landowner Narmadabai, named Laxman, preferred an appeal to Appellate Authority against the said order. After the matter was remanded back to the Additional Tahsilder, again an order affirming the previous position was passed in favour of the tenant under Section 32-G. This time, the other heir of Late Smt. Narmadabai, namely Ramchandra, challenged the said order before the Sub-Divisional Officer, Miraj, and he again by his order dated 31st of March, 1978, remanded the matter to the Tahsildar for a detailed enquiry and decision on the following points :