ANANT CHINTAMAN OZE Vs. LAXMAN MAHADU NIGROSE

JUDGEMENT

(1.) Since both these matters are clubbed by virtue of order passed by the Hon'ble Chief Justice dated 31st January, 2011, both these matters are directed to be placed before me for disposal after clubbing the matters together.

(2.) Brief facts are as under :

(3.) The learned counsel appearing on behalf of the petitioners submitted that the respondent did not prove either contractual tenancy or deemed tenancy in respect of the suit lands. He submitted that there was no entry in the record of rights upto the year 1981 and, thereafter, on the basis of its pencil entry in 1981, the respondent No. 1 claimed possession. It was further submitted that the respondent did not prove possession and cultivation of the suit lands. It was submitted that therefore, all the Courts below had committed an error of law which is apparent on the face of record.