ANNA TATOBA TODKAR Vs. BHAU BALU MAKANE

JUDGEMENT

(1.) THIS is a petition by a person who had obtained possession of the lands in question under an agreement to sale from a landlord who had resumed possession of the land under section 33-B of the Bombay Tenancy and Agricultural Lands Act, for short "the Bombay Tenancy Act", for bona fide personal cultivation.

(2.) THE lands in question are situated at Village Herale, Taluka Hatkanangale, District Kolhapur. They were owned by one Narhar Narayan Kulkarni, and were in possession of respondent Nos. 1 to 4 as tenants. Narhar Narayan Kulkarni died on 1st November, 1971 leaving behind the respondent Nos. 2 and 3 as heirs, "kulkarnis" for short. The said Kulkarnis initiated proceedings under section 88-C of the Bombay Tenancy Act against respondent No. 1 and obtained an exemption certificate. On 20th June, 1970 they obtained possession of the land under section 33-B of the Bombay Tenancy Act. The respondent Nos. 2 and 3 (Kulkarnis) executed agreement for sale in favour of the petitioner for consideration of Rs. 7,000/- and in pursuance of the agreement the revenue records have also been duly mutated to give effect to the above agreement.

(3.) THERE is no dispute that the petitioner has received possession of the land. It must, therefore, be observed that ex facie the Kulkarnis have ceased using the lands in question for bona fide personal cultivation.