VITHAL MALHAR KULKARNI Vs. TARABAI ANNA PATIL

JUDGEMENT

(1.) THIS petition is directed against the order passed by the Maharashtra Revenue Tribunal dated 8th June, 1988 dismissing the petitioners revision and holding that the petitioner is not entitled to object to the permission sought by the respondent to sell the property in question.

(2.) THE dispute centers around the property admeasuring about 1. 57 hectare from Gat No. 534 at Village Chinchawad, Taluka Karvir. The undisputed facts are that the petitioner, Vithal Malhar Kulkarni is the successor in title of Yamunabai who was the original land owner. The land in question was transferred under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as "the Act", in favour of the respondent Tarabai Anna Patil, who was the protected tenant. The certificate of purchase under the provisions of the Act was issued to the respondent and she became absolute owner of the lands in question.

(3.) THE respondent Tarabai entered into an agreement to sale the land in question on 21st August, 1980 to Prakash Kolgonda Patil and Jambu Ramgonda Patil. As is required by section 43 of the Act, she applied for permission to sell the suit land. Section 43 of the Act reads as follows:--- 43. (1 ). No land purchased by a tenant under sections 32, 32-F, 32-I, 32-O, 33-C or 43-ID, or sold to any person under section 32-P or 64 shall be transferred by sale, gift, exchange, mortgage, lease or assignment without the previous sanction of the Collector, such sanction shall be given by the Collector in such circumstances, and subject to such conditions, as may be prescribed by the State Government. Provided that, no such sanction shall be necessary where the land is to be mortgaged in favour of Government or a society registered or deemed to be registered under the Bombay Co-operative Societies Act, 1925 for raising a loan for effecting any improvement of such land. (2) Any transfer of land in contravention of sub-section (1) shall be invalid. " The specific reason she gave for selling the land was that she is unable to cultivate the land and has decided to give up the profession of agriculture. The Collector, Kolhapur who considered the application granted sanction under section 43 on the ground stated by Tarabai. Admittedly, the Collector did not give any notice to the petitioner, the original owner of the suit land or to the other co-tenants.