LAXMAN MARUTI KOLATHE Vs. BABURAO MHASKU SHENDKAR

JUDGEMENT

(1.) The writ petition arises out of the Reference under Section 85A of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Bombay Tenancy Act,1948" for the sake of brevity and convenience). Respondent Nos. 1 to 3 filed Regular Civil Suit No. 282 of 1977, in the Court of Civil Judge, Junior Division, Baramati, for declaration and possession of Gat No.1723, admeasuring about 68 Ares, situate at village Karanje, taluka Baramati, district Pune, corresponding to old survey No. 247/5 and 247/6 admeasuring about 32 Ares and 35 Ares respectively (hereinafter referred to as "the suit land"). The petitioner contested the suit, wherein he contended that the suit land was given to one Gajabai alias Gajrabai, widow of Genu Shendkar, in lieu of maintenance and she was the absolute owner of the suit land. The petitioner contended that in the year 1953 54 said Gajrabai orally leased out the suit land to him on 1/3 rd crop share basis and since then he is continuously cultivating the suit land as a tenant. Thereafter, mutation entry was recorded in the year 1957 under which the petitioner is shown as the tenant of the suit land. It was also contended that on 29.11.1965 the suit land was mortgaged in his favour by Smt. Gajabai for the period of five years. However, tenancy rights of the petitioner were not affected at all. He submitted that he is entitled to purchase the suit land under section 32G of the Tenancy Act since he has complied with the provisions of Section 32F (1)(a) of the said Act.

(2.) In view of the pleadings of the respective parties, the learned C.J.J.D. framed necessary issues and the material issues are as under: 4(a) Whether the defendant was a tenant in suit land prior to 29.11.1965 4(b) Whether defendant has right to purchase the suit land as per Section 32 F of the Bombay Tenancy and Agricultural Lands Act 4(c) If, (4(b) is answered in the affirmative, what are its implications and consequences on suit sale deed dated 29.11.1965

(3.) Since the above issues are required to be decided by the Tenancy Authority exclusively, the learned Civil Judge referred the above issues the Tahsildar, Baramati for finding as per the provisions of Section 85 of the Tenancy Act.