ANUSAYABAI KHASHABA PAWAR Vs. SHAIKH ABDUL KARIM SULEMAN

JUDGEMENT

(1.) BOTH these petitions are being decided by this common judgment because the land involved is the same and some of the parties appearing in this petitions are one way or the other, related to each of them in their relation as litigants.

(2.) THE petitioner in Writ Petition No. 2791 of 1988 named Smt. Anusayabai Khashaba Pawar, resident of Malkapur, Taluka Karad, District Satara claimed to be the tenant of land No. 598-B measuring 10 Acres 28 gunthas and Pot Kharab 30 Gunthas (5 hectare and 9 ares ). She averred that her father-in-law, her predecessor in title, was tenant of the suit land since 1932/1933 which originally belonged to Mr. Vithal Balkrishna Shikare. Respondent Nos. 2 to 6 in the said petition are his heirs. The said land was mortgaged by the heirs of Vithal Balkrishna Shikare to Mr. Bhau Nagu Yedage in the year 1938. Now the said Bhau Nagu Yedage has expired and the matter has been pursued further by his legal representatives. It appears from the record that there is a registered mortgage deed executed by Vasudeo Vithal Shikare, Hanumant Vithal Shikare. Sumita Vasantrao Wakade, Shushila Vithal Shikare and Sumati Madhukar Panse. A suit is pending in the Court of Civil Judge, Junior Division, Karad in respect of foreclosure of the said mortgage and as it has been submitted by the Counsel appearing for them a preliminary decree has been passed in it, around which Writ Petition No. 5477 of 1988 is revolving.

(3.) IN initial round of battle of litigations Tahsildar and ALT, Karad did not hold that Anusayabai was the tenant of the suit land. The matter went to Sub-Divisional Officer, who set aside the judgment and order passed by Tahsildar and ALT, Karad and held that Anusayabai was the tenant of the said land. Defeated adversary filed revision which was decided by Maharashtra Revenue Tribunal who confirmed the judgment and order which was passed in favour of Anusayabai by Sub-Divisional Officer. The judgment and order passed by Maharashtra Revenue Tribunal was assailed by adversary of the petitioner by filing a Special Civil Application bearing No. 3027 of 1973 in the High Court which was decided by the Single Bench of this Court on 6th September, 1984 whereby the Single Bench of this Court confirmed the declaration that Anusayabai was the tenant of the said land. The adversaries including Bhau Nagu Yedage and legal representatives filed Special Leave Petition before the Supreme Court. Record shows that in the Supreme Court those litigants withdrew the Special Leave Petition with permission to file a suit which was granted by the Supreme Court and the said Special Leave Petition was disposed of. Thus contention of Anusayabai that she happens to be tenant of the suit land became final.