S G SURVEY Vs. S G KALE

JUDGEMENT

(1.) By this petition, the petitioner-tenant challenges the finding recorded by the M. R. T. reversing the finding of the Collector, Ratnagiri and holding that he is not tenant.

(2.) The respondent-landlords filed s. 70 (b) application for a declaration that the petitioner was not a tenant in respect of their land s. No.91/6 of 12 G in Chave village of taluka and district Ratnagiri. The Tahsildar held that the land was not an agricuhuil tand and the petitioner was not a tenant thereof.

(3.) According to the respondent-landlords, only 2 gunthas were leased out to the petitioner by them for the purposes of constructing what is decribed as Madi-Chappar and the petitioner also constructed a cattle-shed therein, However, the remaining lan'd was jot a cultivable land and was in possession of the landlords. 1 he tenant disputed this position. According to him this was an agricultural land and the whole of it was leased out to him and that he had grown Negli crop for some years on this land and he was in its possession for a number of years.