KASHINATH LAXMAN WAGHMARE Vs. GANPAT TUKARAM KASHMIRE

JUDGEMENT

(1.) THIS petition is by persons claiming to be the heirs of the deceased tenant one Maniram Waghmare challenging the order of the Maharashtra Revenue Tribunal by which that Tribunal has declared the respondents to be the tenant of the land in question. The land in question is Survey No. 49 admeasuring 5 H. 20 gunthas situated within the Nashik Municipal limits. The present proceedings were initiated by the respondents under section 70 (b) of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as "the Bombay Tenancy Act", for a declaration that they were the tenants of the land in question. They claimed that they are the legal heirs of one Mhalsabai and the original tenant Maniram. Mhalsabai and Maniram were admittedly not married to each other. They claimed tenancy over the claim to the said tenancy by the petitioners who are legal heirs of Maniram through the lawfully wedded wife.

(2.) EARLIER Mhalsabai had filed a civil suit claiming that she had succeeded to the tenancy in respect of land in question under a document dated 19th July, 1958 styled as a Gift Deed executed by Maniram. Mhalsabai claimed an injunction against the petitioners i. e. the children of Maniram from the lawfully wedded wife. The trial Court granted her an injunction, however, this Court in Second Appeal No. 1115 of 1965 confirmed the appellate decree and reversed the order of the trial Court. This Court held that Mhalsabai got no right to the tenancy under the Gift Deed since the Gift Deed amounted to an assignment in contravention of section 27 of the Bombay Tenancy Act. This Court observed that Mhalsabai ought to have filed a proceeding under section 70 of the Bombay Tenancy Act instead of approaching the Civil Court and directed the petitioners herein to get decided their claim regarding tenancy before the appropriate authority.

(3.) THE petitioners, i. e. the heirs of Maniram through the lawfully wedded wife did not initiate the proceedings. The heirs of Mhalsabai initiated the present proceedings under section 70 (b) of the Bombay Tenancy Act.