BHIWA GANPATI Vs. SUNIL NARAYAN DESHPANDE

JUDGEMENT

(1.) THIS Letters Patent Appeal arises out of the order dated 17th October 3979 in Writ Petition No. 1496 of 1973.

(2.) THE appellant is the son of Ganpat Dasaru, who admittedly was a protected tenant under the Berar Regulation of Agricultural Leases Act, 1951 (hereinafter referred to as the Leases Act) of survey No. 10 and 1/3rd portion of survey No. 3/2 of mouza Pahapal, a village in Wani taluq of Yavatmal district. Ganpat was inducted on the lands by respondent's grand -father Shamrao Deshpande some time in the year 1951.

(3.) SHAMRAO died in 1967 and long thereafter the earlier appeal, viz., Appeal No. 125/59/57 -58 of Pahapal, which was stayed vide order dated 29 -10 -1957 passed by the then Deputy Commissioner, Yavatmal, was taken up for consideration by the Collector on 17 -2 -1969. The Collector forwarded it to the Sub -Divisional Officer, Warn, who was invested with appellate powers of the Collector under the Vidarbha Tenancy Act, on 30 -6 -1971. As Ganpat was also dead, the appellant and his mother Ambibai were brought on record as Ganpat's legal representatives, while the respondent was brought on record as the legal representative of his grand -father Shamrao.