BABAN KRISHNARAO MISAL Vs. NARAYAN YESHWANT GODSE

JUDGEMENT

(1.) THE short point that arises in this petition is whether the petition for possession under Section 33 - B of the Tenancy Act made by the petitioner was barred by limitation. The petitioner was a minor when the application under Section 88 - C for exemption was made by him on September 31, 1961. The order that he was entitled to a certificate was mad eon July 31, 1963. The birth - date of the petitioner was June 12, 1945 and he attained majority on June 12, 1963. The certificate was in fact issued on August 30, 1963.

(2.) IN pursuance of the certificate the petitioner served a notice based upon Respondents 1 to 8 as required under Section 33 - B (3) of the Tenancy Act. Thereafter on May 15, 1964 the instant proceeding under Section 33 - B was initiated. On February 23, 1965 this application was dismissed on the ground that it was barred by limitation. This decision of the Tenancy Aval Karkum was confirmed in appeal by the Deputy Collector and in revision by the M. R. T. The instant petition is filed for quashing the three decisions of revenue forums.

(3.) MR. Choudhary appearing for the petitioner contended that the starting period of limitation under Section 33 - B for minors as provided for in Section 33 - B (4) is within one year from the date on which the minor attains majority. the minor attained majority on June 12, 1963 and the notice was served and the application under Section 33 - B were both made within one year from the date the minor attained majority. The fact that the petitioner was a minor when the proceedings under Section 88 - C were instituted, cannot be disputed.