CHANDRAKANT SADANAND BARTAKKE Vs. PARVATIBAI NAMDEO NAKHATE

JUDGEMENT

(1.) BOTH these petitions can be disposed of by a common judgment since in both these matters the petitioner is the landlord of the respective respondents who are his tenants.

(2.) WRIT Petition No. 3425 of 1987 is in respect of land of which the tenants are said to be members of Nakhate family. It is in respect of survey No. 109/2/3 admeasuring 36% gunthas situate at village Kamshet. In Writ Petition No. 3426 of 1987, the tenants are legal heirs and representatives of Maruti Janku Shinde. The tenanted land is survey No. 36/2/2 admeasuring 5 acres and 26 gunthas. The petitioner obtained a certificate for exemption under Section 88c of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "act") on 6-8-1959. Upon obtaining the certificate, he filed an application under Section 33b for possession of the lands held by the aforesaid respondents. These proceedings eventually reached this Court. This Court by judgment and order in Special Civil Application No. 962 of 1965 decided on 13-9-1968 remanded the matter back to the Tahsildar for determining the question whether the income from the cloth shop can be said to be the income of the landlord and for determination as to the amount of income from the cloth shop. This Court directed the Tahsildar to decide the question of bona fide requirement of the landlord for cultivation after the annual income is decided. An inquiry into this question was found necessary by this Court in view of the fact that the exemption certificate under Section 88c depends upon the income of the landlord.

(3.) AFTER remand, on 30-6-1984 the Tahsildar ordered that possession of the entire land be given to the petitioner. The respondents in both the petitions filed appeals before the S. D. O. The S. D. O. allowed the appeals of the tenants and remanded the matter to the Tahsildar for a fresh hearing by order dated 25-3-1985.