MADHAV DASHRATH VAHADANE Vs. SHAKUNTALABAI SHANKARRAO KOLSE

JUDGEMENT

(1.) The Writ Petition No.536 of 1992 has been filed, challenging the judgment and order dated 21 st April, 1990 passed by the Maharashtra Revenue Tribunal in Revision No.MRT/AH/X/6/88 (TNC.246/88) Pune-1. The Writ Petition No.3695 of 1998 has been filed, challenging the Judgment and Order dated 27 th January, 1994 passed by the Sub Divisional Officer, Sangamner in Appeal No. 13 of 1992 and confirmed by the Maharashtra Revenue Tribunal in Revision No.MRT.AH.III.4/94 (TNC.B.74/94) Pune-1, by judgment and order dated 22 nd April, 1998.

(2.) The relevant facts as disclosed in the Writ Petitions are as under: The petitioners herein are the original tenants in respect of land Survey No. 226-1/A, admeasuring 0.53 R assess at Rs. 2.45 pasie and Survey No. 178-1/B, admeasuring 1 Hector 35 R assess at Rs. 6.30 Paise. These lands are situated at Village Nathpatlachiwadi, Tq. Kopergaon, Dist. Ahmednagar. The said lands were taken on lease by the petitioners priot to 1 st April, 1957. However, the original land-lord namely Namdeo V. Dhanvate was lunatic , he died on 27 th June, 1971. After his death, he has succeeded by his widow. It is the case of the petitioners that since the original land-lord Namdeo V. Dhanvate himself was lunatic, and after his widow succeeded to the said property, therefore, the said property could not be purchased by the petitioners, in view of the provisions of Section 32(F) of Bombay Tenancy and Agricultural Lands Act. Thereafter, the said widow i.e. land-lady, died on 16 th October, 1981 who is succeeded by the respondents herein. It is the case of the petitioners that the petitioners after the death of Godabai gave a notice on 8 th October, 1982 for purchasing the said land. According to the petitioners, the said notice was given within the stipulated period of two years from the death of said land-lord.

(3.) It is further case of the petitioners that despite the said fact that the notice of purchase was given to the respondents, the respondents filed T.N.C. Case No. 150 of 1982, under Section 32(O) and Section 29 of the Bombay Tenancy and Agricultural Lands Act (for short, referred to as the Tenancy Act), for resumption of the said land on the ground that the present petitioners failed to purchase the said land within the period of two years from the death of the land-lady. The said application was dismissed by the Tenancy Awal Karkoon on 17 th January, 1986.