VASANT MAHADEV TIKEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith.

(2.) The Petitioners have purchased the lands, inter alia, under Survey No. 239, bearing old Survey No. 144 (Part) admeasuring 5 Acres and 30 Gunthas at village Malad, Taluka Borivali, Mumbai, from one Anandibai, the widow of one Budhiya Bhikhu Gadak. Budhiya was declared as tenant/purchaser of the said lands under Section 32G of the Bombay Tenancy and Agricultural Lands Act (Tenancy Act). Budhiya died on 14.3.1968. A certificate under Section 32N of the Tenancy Act was issued in the name of Budhiya on 23.8.1969. Mutation Entry No. 1269 came to be made in that respect in the name of Anandibai, his widow on 10.1.1971. Permission for sale under Section 43 of the Tenancy Act was granted to the widow on 25.7.1971. She entered into a conveyance with the Petitioner's predecessor-in-title for a part of the land of her husband Budhiya, admeasuring 2 Acres 26 Gunthas on 25.5.1971. Mutation Entry No. 1282 in that behalf came to be made on 8.6.1971. Thereafter Anandibai conveyed the balance part of the land admeasuring 3 Acres, 3 Gunthas to the Petitioners' predecessor-in-title on 5.10.1973. Further Mutation Entry No. 1375 was made on 8.11.1973 upon such conveyance.

(3.) Budhiya had purchased this land under Section 32G. He was, therefore, the agricultural tenant in respect of the land prior to the purchase. The purchase constituted his self acquired property. It was not a HUF property. His brother Dharma Bhikhu Gadak made a declaration in that behalf. Upon the death of Budhiya, his self acquired property, acquired under the provisions of the Tenancy Act devolved upon his widow by succession under Section 8 of the Hindu Succession Act, 1956. Anandibai claimed to have title upon such succession in respect of the entire of the land as Class-I heir, Budhiya having left no issues.