LAWS(BOM)-2002-1-96

SHANTABAI SURAYAKANT BANKAR Vs. LAXMAN BALK MADANE

Decided On January 09, 2002
SHANTABAI SURAYAKANT BANKAR Appellant
V/S
LAXMAN BALK MADANE Respondents

JUDGEMENT

(1.) WRIT petition pertains to the year 1988 and it has been taken on board for final hearing with due intimation. Therefore, this petition is being heard and decided finally treating the respondents ex parte.

(2.) FEW facts need to be stated for understanding the matter in a better way. The petitioner happens to be the tenant of the suit land bearing Gut No. 565, situated at village Madhve, Tal. Baramati, District Pune and the suit land belonged to one late Balku Sadu Madane. After the death of Balku Sadu Madane the present respondents name were brought on record by Mutation Entry No. 2925. The petitioner filed application before A. L. T. and Tahasildar, Baramati on 12-11-1984 stating therein that late Shri Balku Sadu Madane had leased the suit land to her in the year 1973-74 and since then, she was cultivating the said land. His tenancy was created after tillers day, the provisions of section 32 of Tenancy Act happened to be applicable and in view of that intimation was given to landlord about tenants desire to purchase the said land on 26-4-1974 and consequently the request was made for fixing the purchase price of suit land.

(3.) THE Additional Tahsildar and A. L. T. Baramati held enquiry under section 32-O of Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as Act for convenience ). It fixed the purchase price by the judgment and order dated 28-10-1985 in Tenancy Case No. 320 of Madhave 157/84.