PURSHOTTAM LAXMAN PELAPKAR Vs. RAVAJI GOPAL PEDNEKAR

JUDGEMENT

(1.) -IN these three writ petitions under Article 227 of the Constitution, the judgment and order passed by Member, maharashtra Revenue Tribunal, Bombay on February 29,1980 in tenancy appeal Nos. 474, 475 and 476 of 1977 is challenged. They are, therefore, heard together and are being disposed of by this common judgment.

(2.) THE petitioners, Purshottam Laxman Pe'lapkar (since deceased and represented by his legal heirs and representatives) and Bhaskar Laxman pelapkar, in writ petition No. 3358 of 1980, are two real brothers. Respondent No. 5, Smt. Anandibai Laxman Pelapkar, in the said writ petition is the mother of the petitioners and respondent No. 6, Parvatibai sadasbiv Kolamkar, is the sister of the petitioners. The said Anandibai and Parvatibai are respondent Nos. 2 and 3, respectively in writ petition nos. 4527 of 1983 and 4528 of 1983. The interest of the petitioners and anandibai and Parvatibai are the same in the suit lands. The petitioners claimed to be the tenants of the suit lands. Respondent Nos. 2 and 3, ravaji Gopal Pednekar (since deceased and represented by his legal heirs and representatives out of whom respondent No. 2 (a) since deceased again represented by his legal heirs and representatives) and Babaji Raoji pednekar in writ petition No. 3358 of 1980 and respondent No. 1, Ladu yeshwant Budke, in writ petition No. 4527 of 1983 and respondent No. 1, bablo Mula Pelapkar, in writ petition No. 4528 of 1983 claimed to be the tenanis of the suit lands. The suit lands of which they claimed tenancy are situate in village Satarda, taluka Sawantwadi. Raoji and Babaji claimed tenancy in suit lands bearing survey Nos. 127/7, 127/10, part of 127/1[ part of 126/1, part of 128/1, part of 132/1, part of 124/1, part of 125/1, part of 129/1. Bablo claimed tenancy in respect of suit lands bearing survey Nos. 127/3, 127/9, part of 127/1, part of 126/1, part of 129/1, part of 124/1, part of 125/1, part of 131/1, part of 128/1 and part of 132/1, ladu claimed tenancy in respect of suit lands bearing survey Nos. 127/3, part of 127/1, part of 124/1, part of 125/1 and part of 128/1. Raoj, Babaji Bablo and Ladu shall hereinafter be referred to as "the respondents".

(3.) THE respondents filed three separate applications claiming tenancy in respect of the abovesaid lands which came up for hearing before Extra awal Karkun of Sawantwadi. Those applications were, dated April 1, 1970 and were made under Section 70 (b) of the Bombay Tenancy and agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy act' ). Subsequently, on August 12, 1971, the respondents filed civil suits in the Court of the Civil Judge (Junior Division), Sawantwadi for declarations that they were tenants in respect of the suit lands and also for injunction against the petitioners restraining them from disturbing the respondents in their peaceful possession and enjoyment of the suit lands. Since the respondents claimed tenancy rights, the learned Civil Judge referred the following issue for decision under Section 85-A of the Tenancy act to the Tenancy Court. The issue was, "do the plaintiffs prove that they are in possession of the property as permanent tenants or protected tenants on the date of the suit ?" This reference was transferred to the court of the Tahsildar at Sawantwadi. On appreciation of the evidence adduced before him, the Tahsildar of Sawantwadi by his judgment and order dated August 12, 1975 held that the respondents were the tenants in respect of the suit lands.