KAUSALYABAI KISAN CHAVAN Vs. SAKHARAM NAMDEO GAIKWAD

JUDGEMENT

(1.) This petition is filed challenging the judgment and order passed by the Deputy Accountant cum Tenancy Awal Karkun, Kopargaon on 27th December, 1980, in Tenancy Case No. 89 of 1974, judgment and order passed by the Sub Divisional Officer, Sangamner in Tenancy Appeal No. 161 of 1981, dated 16th February, 1985, and the judgment and order passed by the Maharashtra Revenue Tribunal, Pune in Revision Application No. MRT/AH/IV 5/85 (Tenancy B 94/85), dated 16th September, 1985.

(2.) The Petitioner is tenant and Respondents are owners / landlords of the suit property. The subject matter of the present writ petition i. e. suit land has been referred to by the learned Tenancy Awal Karkun. Suffice to note that, four small pieces of agricultural lands, situated at village Shirdi, Taluka Kopargaon, District Ahmednagar are the subject matters of the present writ petition. The suit property was allegedly leased out by deceased Jijaba in favour of the Petitioner by registered lease deed dated 18th December, 1963. This document is on record. It was executed in between Jijaba Namdeo Gaikwad and Sau. Kausalya Kisan Chavan. Jijaba, indisputably, was brother of respondents 1 to 4. son of Jijaba, namely; Vinayak being legal heir of Jijaba was impleaded as Respondent No. 2 in the proceeding Tenancy Case No. 899 of 1974. This lease deed makes a reference to the suit properties and period of the lease as mentioned in the document was for ten years. The possession was, indisputably, handed over to Petitioner - tenant. Reference to existence of well and oil engine installed on the well is made in this document. This document from its contents appears to had been executed amongst the parties for cultivation of the sugar cane.

(3.) It is not in dispute that the Respondents, in this writ petition, had filed an application for possession of the suit properties on the ground of bonafide personal cultivation, income from the suit land being the principal source of income to maintain their family. This application was allowed and possession was directed to be handed over by the tenants to the Respondents applicants. Thereafter, the Petitioner tenant filed an appeal before the Sub Divisional Officer, Sangamner Division, Sangamner challenging the order. It was registered as Tenancy Appeal No. 16 of 1981. This appeal was dismissed by the Sub Divisional Officer, Sangamner Division, Sangamner by its judgment and order dated 16th February, 1985. This order was challenged by tenant Kausalyabai by filing Revision Application before Maharashtra Revenue Tribunal, Pune. It was bearing No. MRT AH 5/85 CTEN B 94/85). It appears that applicant Sakharam has represented cause of all applicants before the authority i. e. Deputy Accountant Cum Tenancy Awal Karkun. It is not in dispute that, Jijaba had been succeeded by son Vinayak.