KRISHNA TATYA CHAVAN Vs. SHANKAR YAMAJI KADAM

JUDGEMENT

(1.) This petitioner under Article 227 of the Constitution of India raises a pure question of law in regard to the interpretation and construction of the provision of S. 8 of the Bombay inferior village Watans Abolition Act 1958 and S. 32G (6) of the Bombay Tenancy Act and Agricultural Lands Act. 1948.

(2.) Two Agricultural lands bearing Gal Nos. 71-A (S. No. 35) and 71-Bombay Tenancy Act (S. No. 34) admeasuring 18 acres and 39 gunths and 14 acres and 12 gunthas respectively situated at village Bichukale, Taluka Koregaon, District Satara are the subject matter of the present proceeding. it is common ground that these lands were originally Ramoshi Watan land and governed by the provisions of the Bombay Inferior Watans Abolition Act 1958 (hereinafter referred to as the Watans Abolition Act ) both these lands were originally held by one Tatya Martand Ramoshi (Chavan) predecessor-in-title of the petitioner. Tatya died some time in the year 1970 leaving behind him the son- petitioner No. 1, widow-petitioner No. 2 and daughter petitioner No. 3 as his heirs and legal representatives. The respondent claim to be the tenants in respect of the said lands.

(3.) The present proceeding arise out of an order passed by the tenancy authority under S. 32-G (6) of the Bombay Tenancy Act Agricultural Land Act, 1948 (hereinafter referred to as the Bombay Tenancy Act ) Few more facts will be necessary to appreciate the point raised in this petitioner on behalf of the petitioner. The Watan under which the suit lands were held by Tatya was abolished under the Watans Abolition Act with effect from the appointed date i. e. 1-5-1959 on which dated the suit lands came to the bested in the Government. Under S. 32-G of the Bombay Tenancy Act the appointed date for the purposes of conferring the status of 'purchaser' was 1-4-1957. It is the case or the petitioner that the on the appointed date under the Watans Abolition Act none of the respondent were in possession of the suit lands. The land bearing Gat No. 71-A was cultivated by Tatya and his family with the help of Hanmant Bala on payment of wages. They further alleged that the name of respondent No. 1 appears in the Records of Rights of this land only for the year 1962-63 i. e. long after the appointed date. The other land bearing Gat No. 71-B was with Bapu Bhaiva Mang and its possession was given though Civil Court to Tatya in 1964. Thereafter by agreement dated December 9, 1964 Tatya gave it to respondent No. 2 or Vahivat. Thus, according to the petitioner, respondent No. 2 was not in possession of Gat No. 71-Bombay Tenancy Act on the appointed date.