PADMAJA PRADIP WALAWALKAR Vs. SADANAND GOVIND BAGAVE

JUDGEMENT

(1.) By this petition, Petitioner challenges judgment and order dtd. 29/9/2021 passed by the Maharashtra Revenue Tribunal Mumbai (MRT) allowing Revision Application No. 346 of 2019 filed by the Respondents and reversing the decisions of Sub-Divisional Officer Kudal dtd. 23/7/2019 in Tenancy Appeal No. 26 of 2018 as well as the order of Election Naib Tehsildar dtd. 7/12/2017 in Tenancy Case No. 44 of 2014.

(2.) Briefly stated, facts of the case are that Petitioner claims to be a tenant in respect of property bearing Survey No.130 (436), Hissa No. 5A, Admeasuring 0H. 30 R plus pot kharaba land admeasuring 0H. 10 R situated at Village Nhive, Taluka Malvan, District Sindhudurg. Petitioner claims that Respondent Nos.1 and 2 are the landlords in respect of the suit lands and that her tenancy rights in the suit land is derived from her father Krushna Parab. She claims uninterrupted cultivation of the suit property for last 24 years wherein she has been cultivating paddy rice crop in 10 gunthas and also has her farmhouse in the suit land. That the farmhouse is registered in the assessment register of the Gram Panchayat, wherein she resides with her family. That she cultivates cashew nuts and mangoes in the remaining portions of the suit land. That Petitioner was paying rent (khand) of Rs.50.00 in respect of the land in question but did not insist on issuance of receipts owing to the good relations with the landlords. That the tenancy has been existing for the last 50 years, out of which Petitioner has been cultivating land for the last 24 years. Petitioner claims that after obtaining 7/12 extract of the land on 6/5/2004, it was revealed that her name was not recorded as a tenant and therefore she filed application under Sec. 70(b) and 4(2) of the Maharashtra Tenancy and Agricultural Lands Act 1948 (Tenancy Act) before the Election Naib Tehsildar Taluka Malvan, District Sindhudurg which was registered as Tenancy Case No. 44 of 2014.

(3.) The Tehsildar initiated an enquiry in the Tenancy Application filed by Petitioner and evidence was led by both the parties before the Tehsildar. In addition to her own evidence, Petitioner also adduced evidence of the adjoining land owners Mr. Digambar Baban Parab, Mr. Arjun Vasudev Parab and of Police Patil of the village. After considering the evidence and submissions canvassed by the rival parties, the Tehsildar passed order dtd. 7/12/2017 allowing the Tenancy Application and declaring that Petitioner is a tenant in respect of land in question after 1/4/1957.