GOVINDA ZIBLA DOYE Vs. UDHAO DHARMAJI NIKHADE

JUDGEMENT

(1.) THIS judgment shall govern Special Civil Applications Nos. 2 and 3 of 1970. The questions involved in these petitions relate to the construction of Section 50 of the Bombay Tenancy and Agricultural Lands ( Vidharbha Region) Act, 1958, hereinafter referred to as the Tenancy Act. The petitioner in both these petitions is the tenant and the respondents are the legal representatives of one Dharmaji who was the owner of Khasra No. 63/1, area 6. 76 acres, and Khasra No. 63/3/, area 0. 52 acre, both situated at village Pitichuwa, Tahali Warora, District Chandrapur. Petitioner Govind had filed an application on 17 - 11 1965 claiming that he was entitled to purchase both the fields which he cultivated as a tenant since the year 1964 - 65 and that he should, therefore, be declared to be the owner of these fields. This application was registered as Revenue Case No. 1/59/ (14) 65-66. Landlord Dharmaji denied that the petitioner was the tenant and according to him the petitioner was a close relative of his and since he owned land adjacent to the fields in dispute he got his name recorded as a tenant in collusion with the Patwari. It was the landlord's case that both the fields were cultivated by him personally throughout. He also contested the application of the tenant on the grounds that he has no right to purchase the fields.

(2.) IT appears that during the pendency of this application the tenant was dispossessed by the landlord on 13 - 3 - 1966 and the tenant, therefore filed an application on 13 - 6 - 1966 claiming restoration of possession under Section 36 (1) of the Tenancy Act. Both these applications were dealt with by the Additional Tahsildar who was also functioning as the Agricultural Lands Tribunal.

(3.) ON evidence the Agricultural Lands Tribunal held that the application made on 17 - 11 - 1965 was within the period provided by Section 50 of the Tenancy Act, because, according to him, the tenant had cultivated the fields for the period 1 - 4 - 1965 to 31 - 3 1966 also and the application was filed within one year from 1 - 4 - 1965 when the tenancy for the second year was created. The Agricultural Lands Tribunal also determined the price payable by the tenant. Dealing with the application of the tenant under S. 36 (1) of the Tenancy Act the Lands Tribunal held that the tenant was entitled to restoration of possession.