SOPAN T. MHETRE Vs. SHANKAR BALWANT JAGTAP

JUDGEMENT

(1.) AN interesting question of law arises in this petition which was filed by the landlords of land bearing Survey No. 303/2 of village Saswad, Taluka Purandar, District Puna.

(2.) THE litigation which has reached this Court on the second occasion, has a long history. This land belonging to the landlords it appears, was leased to Hari Malhari Inamke some time prior to the year 1949. Hari Malhari died and was survived by his widow Manjulbai continued to cultivate this land and was cultivating this land. She died, thereafter, but the date of her death, is not on record and is not known. She was survived by her daughter Bhikabai. This Bhikabai died in the year 1959 and her husband Shankar Balwant Jagtap respondent is now contesting the present litigation.

(3.) LATER , 32 -G proceedings were taken out by the Additional Mamlatdar A.L.T. Purandar, in the Year 1964. That 32 -G proceedings was dropped by the Additional Mamlatdar holding that the surrender having been accepted by the Mamlatdar on 7 -9 -51, the tenant has 'no interest left in the land'. The erstwhile tenant became a trespasser after termination if the tenancy in consequence of surrender duly recorded. The A.L.T. therefore, held that the holding of the land by the tenants subsequent to the valid surrender and remaining in possession is unlawful and, therefore, does not clothe them with the status of a tenant. The A.L.T. felt that in order to attract the operation of section 116 of the Transfer of Property Act, it had to be shown that the landlord had accepted rent or otherwise assented to the continuation of possession of the land by the tenant. In that view of the matter, the 32 -G proceedings were dropped.