SAHADU BALA BOTRA Vs. NAMDEO BAPUJI KARALE

JUDGEMENT

(1.) AN interesting point of law that arises in this case is whether the expression "any person other than the tenant in actual possession" used in the second proviso to Section 84-A of the Tenancy Act would include a person other than a tenant jointly purchasing along with the tenant. The facts of this case which have led to this Special Civil Application are the following.

(2.) S. No. 59 of Sudawadi measuring about 106 acres belonged to the family of Natus which consisted on three branches. On December 18, 1948, an agreement was executed by two of the three branches, viz. Shankar and Harihar, for transfer of their one third share in the joint property to petitioner No. 1 and opponent No. 1. In pursuance of the agreement to sell, deeds of sale were executed on July 15, 1949 by Shankar and Harihar. Even vendor transferred his one-third share jointly in favour of petitioner No. 2 and Opponents Nos. 2 to 4 in one-half shares. Instead of the purchase being effected in the names of petitioner No. 1 and Opponent No. 1, it was effected in the names of their respective sons. The property, however, continued in the possession of the purchasers.

(3.) CIVIL Suit No. 158 of 1955 was filed by the present petitioners Nos. 1 and 2 against opponents Nos. 1 to 4 for partition and possession of their one-half share in the two thirds property purchased by them jointly. A contention was taken that the deeds were void under the Tenancy Act, as the purchase was effected by petitioner No. 1 and petitioner No. 2, neither of whom was a tenant. The petitioners, however, had taken up a contention that they were also the tenants. A reference was necessitated and the same was made by an order dated November 9, 1956.