LAWS(BOM)-2003-1-68

JAGU TUKARAM WAGHAMALE Vs. DNYANDEO BALA WAGHMALE

Decided On January 20, 2003
JAGU TUKARAM WAGHAMALE Appellant
V/S
DNYANDEO BALA WAGHMALE, SINCE DECEASED Respondents

JUDGEMENT

(1.) THIS petition is filed by Jagu Tukaram Waghamale against the orders of the tenancy Courts, confirmed by the Maharashtra Revenue Tribunal that he is not a tenant inspite of the fact that 32-G proceedings concluded much earlier, he has been declared to be a tenant and he has paid the purchase price and a certificate under section 32-M has been issued to him.

(2.) THE petitioner Jagu Tukaram Waghamale claims to be a tenant of the land in question i. e. Survey No. 414, now gat No. 1004, admeasuring 5 acres and 5 gunthas, situate at village Arale, taluka Satara, district Satara. He has been found to be a tenant in possession of the land on 1-4-1957. Proceedings for purchase of the land under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the "act") were concluded in his favour in the year 1965 and a certificate under section 32-M has also been issued to him. These proceedings were concluded between the petitioner Jagu and the earlier owner of the land i. e. the respondent No. 2 Dada Rama Kadam.

(3.) THE earlier owner Dada Rama Kadam has sold the land to the respondent No. 1 Dnyandeo Bala Waghmale, since deceased and now represented by his legal heirs, on 31-5-1961 by a registered sale deed.