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.) It appears that in the year 1951, tenancy case No. 131 of 1951 was started. That was filed by the landlords on the ground that, Manjulabai had surrendered her tenancy in their favour. It may be mentioned that, at the time when these proceedings were started, a tenant could surrender his tenancy in favour of the landlord under section 5 of the Bombay Tenancy and Agricultural Lands Act as it then was. That provision, did not require any verification by the Mamlatdar of such surrender. On that applications or proceedings, an order deleting the name of Manjulabai as a tenant, came to be passed. It appears as has been observed in one of the orders in this case, that the application was more in the nature of an application for correcting the record of rights than an application to accept the surrender and make an order for possession. Nothing further seems to have occurred.