NARENDRA JAGANNATH JOSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition is by the owners of agricultural land in question. They challenge the order of the Additional Commissioner under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 i. e. Act No. 14 of 1975 by which the Additional Commissioner has rendered a finding contrary to the findings rendered under the Bombay Tenancy and Agricultural Lands Act in an order from which no appeal is filed and which has become final.

(2.) THE petitioner is the landlord being owner of agricultural land bearing Survey No. 60/4 of village Bavade, Tal. Dahanu. Apparently the lands were in possession of one Jivan Vithu Habali, the predecessor in interest of the respondent Nos. 2 to 4. The said Jivan died in the year 1968. Since record of rights in form VII-XII showed him as a tenant for the period from 1959-60 to 1974-75 proceedings under section 32-G of the Bombay Tenancy and Agricultural Lands Act, "the Bombay Tenancy Act" for short, were commenced. On 5th December, 1979 those proceedings were dropped by the Agricultural Lands Tribunal, Dahanu who observed that the said Jivan is reported to be dead. The Agricultural Lands Tribunal also relied on a nokarnama executed by the said Jivan in favour of the landlord, and on the statement of Mangalya Gangya Govari who stated on oath that said Jivan Vithu Habali died about 7 years ago leaving behind no heir, and that he, Mangalya, was cultivating the suit land as a servant of the landlord.

(3.) THIS order has not been challenged by any of the heirs of the said Jivan Vithu Habali and has attained finality. The learned Counsel for the respondents has not been able to show anything to the contrary.