SAWALARAMSAKHARAM MOTHE Vs. RATNAMALABAI

JUDGEMENT

(1.) THESE two cross writ petitions are taken up for disposal by a common judgment, the relevant facts in brief are as follows.

(2.) ONE Sawalaram claimed to be tenant of Survey No. 31/3 new Gat No. 187, admeasuring 6 acres 20 gunthas. He claims a lease in his favour by one Ratnamalabai and her daughter Alka. According to him, they leased the land to him in April, 1978 and put him in possession. They are then said to have sold the land by a registered Sale Deed dated 31st October, 1978 to one Ukanda, the Respondent No. 3 herein. Claiming that he was put in possession of the land as a tenant in April, 1978, Sawalaram made an offer within one year, on 28th December, 1978 to Ratnamalabai and Kumari Alka for purchase of the land. On this date admittedly the land had been sold by Ratnamalabai and Alka to Ukanda by a registered Sale Deed dated 31st October, 1978.

(3.) APPARENTLY, Ratnamalabai and Alka turned down Sawalaram's offer for purchase of the land. Therefore, on 25th January, 1979 he made an application under Section 50 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 for short "the Tenancy Act", for purchase of the land. The Tahsildar by his order dated 31st March, 1981 held that Sawalaram was a tenant with effect from 1st April, 1978 and therefore, entitled to purchase the land.