BABURAO RAMBHAU KUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this writ petition filed under Article 226 of the Constitution of India, the petitioner challenges the order dated 25-2-1985 passed by respondent No. 2 in appeal and the order passed by respondent No 1 dated 6-1-1987 in the revision application The petition arises under the following circumstances. Land Survey No. 39 admeasuring 6 hectares and 26 ares, situated at village Pimpri-Pendhar, Tal. Junnar, dist. Pune originally belonged to one pangadhar Laxman Deshpamde. The land was under cultivation of five tenants. The respondent No. 3 was one amongst them. As the respondent no. 3 was a tenant on the tiller's day, he became a purchaser of an area pf 1, hectare 49 ares under Section 32 (G) of the Bombay Tenancy and agricultural Lands Act. He has also been issued certificate of ownership under Section 32 (M) of the Tenancy Act. His name came to be recorded in the Record of Rights in the year 1969 as a purchaser under the tenancy Act and therefore is the Kabjedar of the aforesaid portion of land survey No. 39. (Vide mutation entry No. 10106, as inalienable and impartible tenure ).

(2.) IT appears that on 23-10-1969, the respondent No. 3 borrowed a sum of Rs. 5000/- under a writing from the petitioner and put the petitioner in possession of an area of 0. 77 ares out of the area of one hectare 49 ares of respondent No. 3 presumably by way of security for repayment of the loan.

(3.) ON 18-9-1970 during a spot enquiry the Circle Inspector entered the name of the petitioner in the record of rights finding him in possession of the land His name appeared in the 7 x 12 extract for the years from 1970-71 to 1973-74 (alongwith respondent No. 3 ). That entry appears to have been made without notice to the respondent No. 3.