HAFIZABI ALIAS KASAM PATEL Vs. SITARAM KHUSHAL PATIL

JUDGEMENT

(1.) This petition arises out of orders rendered by the Tenancy Tribunals and Maharashtra Revenue Tribunal (M.R.T.) whereby petitioner's claim for restoration of agricultural land bearing Gat No. 201, situated at village Mamarabad (District Jalgaon) under section 32P of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "the BT&AL Act") was rejected.

(2.) Sardarbi w/o Gulzar Patel was original owner of the land in question. Admittedly, deceased Sitaram, predecessorintitle of the respondents, was tenant in possession since much prior to 1stApril, 1957. The land was a revenue Patel inam land. The inam was abolished under provisions of the Maharashtra Revenue Patels (Abolition of Office) Act, 1962. Indisputably, on 27thMay, 1972, the land was regranted in favour of said Sardarbi, who was mother of the petitioner. The landlady (Sardarbi) died on 09021987.

(3.) Briefly stated, the petitioner's case before the Tenancy Tribunal was that the tenanted land was gifted to her on 7thJuly, 1983 by Sardarbi, the erstwhile landlady and her mother, in accordance with the provisions of the Mahomedan Law. Her name was mutated vide Mutation Entry No. 775 in the village record as owner of the land. The tenant did not give her any notice under section 35F of the BT&AL Act. Nor such notice was issued at any time to Sardarbi. Therefore, the tenant's right to purchase the land in question had become ineffective. The original tenant i.e. Laxman Sitaram Patil was, therefore, not entitled to continue his possession. Consequently, she sought restoration of possession.