DHARMANNA POTANNA PULLIWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The dispute relates to survey No. 5/1 admeasuring 8 acres 31 gunthas situated at village Chatwan in Wani Tahsil of Yeotmal District. The land originally belonged to one Panihai widow of Dhulchand Chopda. The petitioner in Special Civil Application No. 1258/74, Dharmanna was a tenant of the entire land since before coming into force of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as Tenancy Apt), Panibai died some time in 1966, although the exact date of her death is not on record. The present respondent No. 3 Mishrilal succeeded to this widow in respect of the disputed property. The.petitioner Dharmanna claimed that on 1-4-1961 and on 1-4-1963, he was in possession of the disputed land.

(2.) Suo-moto proceedings were started in 1963-64 by Agricultural Lands Tribunal, Wani for transferring the ownership of the disputed land in favour of petitioner-tenant Dharmanna under section 46 read with section 49-A of the Tenancy Act. On 20-11-1964, an order was passed by the said Agricultural Lands Tribunal dropping the proceedings in view of the fact that the land owner was a widow.

(3.) After the death of Panibai respondent No. 3, who succeeded her did not apply to the competent authority within one year from the date of death of Panibai for personal cultivation of this land. The petitioner Dharmanna therefore, claims that he became statutory owner of this land in 1967 i. e. after one year after the death of Panibai in 1966 in view of the provisions of section 49-A, sub-section 3 of the Vidarbha Tenancy Act.