ATMARAM BAPU MANE Vs. SRIMANT SOPAN MANE

JUDGEMENT

(1.) THIS petition is directed against the order of the Maharashtra Revenue Tribunal by which the said Tribunal reversed the finding of fact rendered by the Sub-Divisional Officer. The Sub-Divisional Officer has held that the respondents predecessor-in-interest i. e. their father Sopan was not cultivating the agricultural land in question in his individual capacity but was doing so as Manager of the joint family comprising of the petitioner and his brothers Atmaram, Maruti and Udhav. The Maharashtra Revenue Tribunal has interfered with this finding of fact and come to the conclusion that from the evidence, Sopan alone was the tenant in possession and was in exclusive possession of the suit lands.

(2.) THE lands in question are Survey Nos. 6/1, 6/4, 104/1, 105/1 and 34/2, situate at Village Marapur, taluka Mangalwedha. The said lands are hereinafter referred to as the "lands in question". The aforesaid lands were owned by Awadabai. She was the wife of one Genu Mane. Genu Mane had a brother called Bapu. Bapu had four sons Sopan, Atmaram, Maruti and Udhav. The deceased Sopan was the eldest.

(3.) AWADABAI applied for possession of the lands in proceedings under section 24 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the "act". In those proceedings, she had joined only Sopan as a party. The A. K. rejected the prayer of Awadabai.