CHANDRAKANT BABAN MOTKARI Vs. GOTIRAM LAXMAN MOTKARI

JUDGEMENT

(1.) The legal heirs of two deceased brothers Laxman and Nivrutti are the contesting parties in the present proceedings, the subject matter being an open land measuring eight acres now falling within the Municipal Council of Nasik (since 1987). The family traces itself from the common ancestor, Bhimaji, who had three sons - Govind, Sadashiv and Yashwant. It appears that Yashwant passed away early some time, in the year 1936. Yashwant is survived by Nivrutti and Laxman.

(2.) The land located at Survey Nos.789, 791 and 786 was owned by one Raghunath Hari Phadake. The land was taken on lease for cultivation by Govind, Sadashiv and Nivrutti (the younger son of Yashwant) by execution of a Kabuliyatnama, on 16.5.1944. It appears that Laxman (the elder son of Yashwant) was an attesting witness to this Kabuliyatnama. It is of some relevance to also note that Laxman had obtained a Government job in the Office of the Sub Registrar as a peon; prior to the execution of the Kabuliyatnama.

(3.) Post independence, various laws were enacted to protect the tenancy rights of the tenants in agricultural lands and the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the 'said Act') was one such legislation. In terms of Section 32 of the said Act, from 1.4.1957, tenants who were tilling the land were deemed to have purchased the land from the owners as per the procedure prescribed under the said Section (the Section was brought in by the Amendment Act 15 of 1957).