DAMODAR GANPAT WANI Vs. RAJARAM DHONDU WAGH

JUDGEMENT

(1.) This appeal by special leave is directed against the order of the High Court of Bombay, dated June 17, 1968 summarily rejecting a petition under Art. 227 of the Constitution.

(2.) A parcel of land, 11 Acres 8 gunthas in area, situated in village Shingayat in Jamner taluka of Jalgaon District belonged originally to Damodar Ganpat Wani. Dhondu Namdeo Wagh was his tenant. In 1954, the landlord served a notice on the tenant under S. 34 of the Bombay Tenancy and Agricultural Lands Act of 1948 (hereinafter referred to as "the Tenancy Act") calling upon him to deliver possession of the land as he required it for his personal cultivation. The tenant refused to comply. The landlord then filed Tenancy Application No. 61 of 1956 before the Tenancy Awal Karkun at Jamner. The Tenancy Awal Karkun allowed the application and made an order terminating the tenancy and restoring the land to the landlord. The tenant appealed to the Ditrict Deputy Collector, Chalisgaon Division. On June 20, 1957, the District Deputy Collector made an order awarding possession of half the land to the landlord and permitting the other half to remain with the tenant. The tenant applied in revision before the Bombay Revenue Tribunal. The Tribunal passed an order dated Nov. 8, 1957 framing an issue on the point whether the tenant was at all entitled to hold the land in dispute under Ss. 32 and 34 of the Tenancy Act inasmuch as he personally cultivated land of his own exceeding the ceiling area of 50 acres. He remanded the case to the District Deputy Collector for decision on the merits. On remand, the District Deputy Collector held that the tenant owned more than 50 acres of land on January 1, 1952 and, therefore, was not entitled under S. 88 (1A) of the Tenancy Act to the rights and privileges conferred by Ss. 32 and 34 of the said Act. By his order dated Jnuary 31, 1959, he directed that the landlord be put in possession of the entire land. The tenant challenged the order in revision, and the revision application was dismissed by the Tribunal on April 30, 1959. A review application by the tenant was also dismissed by the Tribunal. A petition under A petition under Art. 227 of the Constitution filed by the tenant in the High Court was summarily dismissed.

(3.) During the pendency of the petition in the High Court the tenant, Dhondu Namdeo Wagh, died and his legal representatives, the present respondents, were brought on the record. Meanwhile, in execution proceedings possession of the land was delivered to the landlord on June 14, 1960. On April 2, 1964, the landlord executed a registered sale-deed transferring the land to Ramdas Bhika Pardeshi.