KESHAV GANESH BEDEKAR Vs. GOPINATH KRISHNA SALUNKE

JUDGEMENT

(1.) THIS petition is directed against the order of the Maharashtra Revenue Tribunal upholding the concurrent findings of both the courts below viz. the finding of the Additional Tahsildar as well as the Sub-Divisional Officer. The authorities below have found that the alleged surrender of the lands by the respondent in favour of the landlord i. e. petitioners predecessor-in-interest is not in accordance with law.

(2.) THE present proceedings were commenced by the respondent i. e. by the original respondent Gopinath Krishna Salunke now represented by his legal heirs under section 32-G of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as the "tenancy Act") sometime in the year 1982. The said respondent claimed that he was entitled for determination of purchase price, having become a deemed purchaser on 1-4-1957. He claimed that he was tenant and in possession of the land on that day and was, therefore, entitled under section 32 to purchase the said land.

(3.) THE landlord Keshav Ganesh Bedekar, now represented by his legal heirs, the petitioners herein claimed that the tenant Gopinath Salunke had surrendered the land under a document dated 1st June, 1956. The document inter alia recites that the respondent has handed over possession of the land and that he surrenders his tenancy rights therein. The document (hereinafter referred to as the "surrender deed") further states that the landlord would be entitled to make consequential changes in the record.