ANANT KANA MHATRE Vs. MATHIBAI LADKYA JANALE

JUDGEMENT

(1.) Heard the learned Counsel appearing on behalf of the petitioner and the learned Counsel appearing on behalf of respondents.

(2.) Petitioner is challenging the order passed by the Maharashtra Revenue Tribunal (MRT) dated 31-7-1992 in appeal against the order dated 30-9-1985 passed by the Additional Tahsildar & ALT, Vasai. There is a chequered history in respect of the dispute arising between the parties.

(3.) Briefly stated, the father of the respondents one Ziprya was initially declared as a tenant by the Agricultural Lands Tribunal (ALT) by order dated 19-8-1959. He, however, did not pay the purchase price and, thereafter, an application was made by the landlord before the Additional Tahsildar and ALT, Vasai under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (For short "B.T. & A.L. Act") The Additional Tahsildar made an inquiry on the application filed by the landlord dated 11-6-1966 and the Circle Inspector submitted report on 16-12-1966 after preparing the panchanama. The statements of parties were recorded. The statement of the said Ziprya, however, could not be recorded since, according to the Circle Inspector, he was absconding. The ALT further observed that the Petitioner was cultivating the land as a tenant and the said Ziprya was absent from the village after the purchase price was fixed and, therefore, he held that earlier order dated 19-8-1959 should be treated as nullity and fresh proceedings should be taken to dispose of the lands in the name of the real tenant, the petitioner herein. Thereafter, further inquiry was held and the landlord admitted that the Petitioner herein was a real tenant in possession. Panchas also supported this fact. The Circle Inspector also in his report stated that the petitioner was cultivating the land since 8/10 years and, therefore, he was a lawful tenant and, therefore, purchase price was fixed at Rs 3000/- and the ALT held that petitioner's name should be entered in the revenue record as tenant in possession since tiller's day and that a certificate of purchase under section 32-M should be issued. Accordingly, the said certificate was issued on 7-6-1968 and the entry was made in the record of rights.