ANANDRAO BAJIRAO DESHMUKH Vs. MAHADEO RAOJI GORE

JUDGEMENT

(1.) THE petitioner who is a land-holder questioned the validity of an order made by the Maharashtra Revenue Tribunal holding that the respondent Mahadeo was entitled to be declared as a statutory owner of the entire suit field on and from 1-6-1963 under the provisions of Section 1-6-1963 under the provisions of Section 49-A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region )Act, 1958 (hereinafter called the Act ).

(2.) THE facts now found by the authorities lie in a very narrow compass. The disputed field Survey No. 87 area 30. 4 acres was originally owned by Narayan. It was properly let out to one Raoji, the adoptive father of Mahadeo since the year 1951-52. Raoji was the protected lessee and the land was tenanted when the Act came into force on December 30, 1958. It appears that Raoji died sometime in the year 1955 and the present respondent Mahadeo succeeded to his interest as his adopted son.

(3.) THE petitioner in this case Anandrao purchased 15. 00 acres of land out of Survey no. 87 under a registered sale-deed of June 5, 1957. That land is now sub-numbered as Survey No. 87/3. Petitioner Anandrao was born on September 5, 1956 and when the Act came into force was a minor. It appears that after this transfer the respondent Mahadeo was dispossessed and he initiated proceedings under the Berar Regulation of Agricultural Leases Act, 1951. He was ultimately placed in possession under an order passed by the Tribunal on December 14, 1962, upon his own title as a protected lessee and that order appears to have been executed on 1st June, 1963.