JAIRAM KISSAN Vs. CHANDRAKALADEVI

JUDGEMENT

(1.) THIS writ petition is filed by the tenant against an order of the Maharashtra Revenue Tribunal dated 20. 2. 1969 in Revision Application No. Ten-A-655 of 1967.

(2.) RESPONDENT No. 1 landlady Chandrakaladevi had applied under Section 8 (1) (g) of the Berar Regulation of Agricultural Leases Act, hereinafter referred to as the Leases Act, for terminating the tenancy of petitioner Jairam and also for possession of the land survey number 197/i, area 7. 22 gunthas, of village Jirayat Patur, taluq Balapur, district Akola. By an order dated 23-5-1957 the Sub-Divisional Officer terminated the tenancy of the petitioner. The said order was confirmed in appeal on 22-11-1957 in Revenue Appeal No. 107/59 of 1956-57. However, by virtue of the Ordinance No. 4 of 1957 the possession of the field was not delivered to the landlady.

(3.) IT seems that thereafter in view of the coming into force of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, hereinafter referred to as the Act, the Sub-Divisional Officer forwarded the case to the Tahsildar, Balapur, for disposal of the case under Section 132 (3) of the Tenancy Act. The Tahsildar by his order dated 15-10-1960 dismissed the case on the ground that no notice as contemplated by Section 38 was served on the tenant. An appeal filed against the said order of the Tahsildar was also dismissed. In Revision Application No. 412 of 1962 the Maharashtra Revenue Tribunal by its order dated 21-6-1963 remanded the case holding that no notice under Section 38 was necessary and further directed that the lower Court should proceed with the case and make an enquiry as contemplated under Section 38 of the Tenancy Act.