VAIJNATH Vs. AFSAR BEGUM

JUDGEMENT

(1.) By this petition, the petitioners impugn order rendered by learned Member of Maharashtra Revenue Tribunal, Aurangabad, in revision petition No.l3/B/89-Beed dated 21-09-1990 whereby and whereunder the revision petition was allowed and the order of the Appellate Tribunal was set aside. At the same time, order rendered by the Additional Tahsildar in File No. 83/TNC/Camp/ 6 on 23-12-1987 was confirmed. The legal impact of the impugned order is that certificate issued under section 38-E of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short, "the HT&AL Act") came to be cancelled.

(2.) The petitioners are legal representatives of deceased Yeshwanta Jadhav. Lands Survey No.202-AA, admeasuring 9 acres, 20 gunthas, Survey No. 189, admeasuring 1 acre, 37 gunthas, situated at village Ghatnandur (District Beed) were owned by one Naimuddin Siddiqui. Yeshwanta Jadhav was declared as a protected tenant of the said lands. Certificate of statutory ownership was issued in his favour on 01-02-1959. The landlord was alive at the relevant time. The price fixed by the Tenancy Tribunal was deposited by Yeshwanta and, therefore, certificate under section 38(6) of the HT&AL Act was issued in his favour on 23-04-1970.

(3.) The original land owner i.e. Nadimuddin died in 1962 i.e. before issuance of the certificate under section 38(6) of the Hyderabad Tenancy and Agricultural Lands Acquisition Act, 1950 (for short, "the HT&AL Act") in favour of said Yeshwanta. His two (2) sons challenged the declaration of statutory ownership in favour of said Yeshwanta by filing an appeal before the Deputy Collector (Land Reforms). The learned Deputy Collector (Land Reforms) held that the appeal was barred by limitation and as such, it was dismissed by order dated 19-04-1971. Feeling aggrieved, they carried the matter to the revisional Court by filing revision application No.l08/B/71-Beed. The learned designated Member of the Maharashtra Revenue Tribunal dismissed the revision application, by order dated 05-11-1971.