SHIVAJI RAMCHANDRA DESHMUKH Vs. AGATRAO DADA JADHAV

JUDGEMENT

(1.) SHRI Kumbhakoni with Deshmukh for the petitioner. Respondents have been served but they are absent and none present for them. The petitioner is taking exception to the judgment and order passed by the M. R. T. on 16-6-1988 in the matter of M. R. T. S. H. II-3/86 (TEN B. 53/86) Pune wherein while deciding the revision petition member of M. R. T. allowed the revision application, set aside the orders passed by the two courts below, declared the sale of suit land to Shivaji Ramchandra Deshmukh as invalid and the possession of the suit land was directed to be restored to Agatrao Dada Jadhav and Bhanudas Dada Jadhav the present respondent Nos. 1 and 2.

(2.) THE facts need to be stated in brief for understanding the case in better way. Suit lands Survey Nos. 187/9, 187/10 bearing Gat No. 489 (490) originally belonged to Dada Jadhav the father of respondent Nos. 1 and 2. A proceeding in view of section 320 was initiated on 30-9-1968. The tenant expressed that he was not willing to purchase the said land and the possession of the suit land was handed over to original landlords. The original tenant was Nivrutti Pandurang Kashirsagar and he purchased the suit lands from sons of Dada Jadhav namely, Agatrao and Bhanudas on 20-5-1963 for Rs. 2,000/ -. Mutation Entry No. 1649 was entered which was certified on 3-2-1968. However, the certifying officer mentioned while entering the said entry that the said sale transaction was in contravention of provisions of section 84-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "bombay Tenancy Act" for convenience ).

(3.) AFTER that, the original tenant Nivrutti Pandurang Kshirsagar sold said lands to present petitioner Shivaji Ramchandra Deshmukh for Rs. 8,000/- on 8-8-1969. A mutation entry was entered in that context bearing No. 2168 which was certified on 24-6-1969.