JANABHAI RAGHUNATH KHOMANE Vs. HIRABAI MALHARI ATOLE

JUDGEMENT

(1.) IT appears that the name of petitioner No. 1 is deleted vide court's order dated 9/09/1996. The petitioner No. 2 is the wife of petitioner No. 3, Baba Khomane, who was the statutory purchaser of land bearing Gat No. 32 situate at Village Malad, Tal. Baramati, Dist. Pune. Baba khomane became old. He also became blind and deaf. It became impossible for him to cultivate the land with his own hand. He, therefore, made an application, locally called Vardi, to the Talathi for entering the name of his wife Janabai in the records of right. The Talathi granted that application vide mutation entry No. 252.

(2.) ON 29/06/1976 the landlord i. e. the respondents herein made an application to the Tahsildar, Baramati that Baba Khomane has violated the provisions of section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, for short "the Tenancy Act", by transferring the suit land which he purchased under the provisions of the Tenancy Act, in favour of his wife and therefore sought an eviction of the petitioner Janabai and Baba Khomane both.

(3.) THE Tahsildar by his order dated 30/08/1984 dismissed the respondents application on the basis of Janabai's evidence that her husband has made an application since he is old, blind and deaf. She deposed that her husband cannot cultivate the suit land and therefore had made the application for mutation of the land in her name.