NAMDEO KHUSHAL DIGHE Vs. KESHARBAI DAMODHARDAS CHANDAK

JUDGEMENT

(1.) A question of some impotance is raised by this petition upon the facts which are not in dispute.

(2.) THE petitioner is a tenant of field survey No. 12/1, having an area of 11. 29 acres situate at Mouza Leha-Khurd, a village in Buldhana District. One parvatibai was the original Land-holder. She died on April 25, 1964. Respondents are the successsors-in-title of Paravtibai and it is not in dispute that they are widows.

(3.) UNDER the provisions of section 49-A of the Bomaby Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as the Act), proceedings were initiated before the Agricultural Lands Tribunal for statutory conferment of ownership in favour of the tenants. By an order passed on September 30, 1966, that Tribunal held that as the successors-in-title of Paravatibai were both widows and thus being the landladies under disability, the ownership of the field could not be transferred in favour of the petitioner. An appeal was taken to the Deputy Collector, Land Reforms, Amravati and that authority by its order of lady's disability continued and thus eclipsed the right of the tenant. A revision was taken to the Maharashtra Revenue Tribunal and by an order of December 20, 1968 that Tribunal upheld that view. Tenatn has therefore moved this petition.