VITHOBA RAM RAHANE Vs. BHALCHANDRA SADASHIV JOSHI

JUDGEMENT

(1.) THIS is a petition under Article 227 filed by the tenants challenging the order passed by the Assistant Collector, Junnar Sub Division, Khed on 10th June 1977 whereby their application under section 84 of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred to as "the Act" for the sake of brevity) is rejected. This order passed by the Assistant Collector was confirmed by the Member, Maharashtra Revenue Tribunal, Pune in MRT. VIII-4/77 (TNC-B-290/77 ).

(2.) FEW facts which are relevant for the purpose of this petition are as follows: one Vithoba Rama Rahane was the tenant of 9 pieces of land, namely ; 721/3, 721/5, 725/3b, 231/2b, 720/1, 721/1, 732/1, 333/2 and 744/2b. The proceedings under section 32g were initiated some time in the year 1962 and on 5th August 1962 the statement of petitioner No. 1 was recorded. He expressed his unwillingness to purchase 5 pieces of land out of 9 pieces of land, being Survey Nos. 720/1, 721/1, 732/1, 333/2 and 744/2b. The order under section 32g and 32p appears to have been passed on the same day, that is, on 5th August 1962. Even the possession of the five pieces of lands mentioned above was taken by the respondent-landlords. It is important to note that the subject matter of dispute under section 32g was only these five lands and Survey Nos. 725/3b, 731/2b, 721/3 and 721/5. Notwithstanding this, it appears that, which is not in dispute, the petitioners were unauthorisedly dispossessed of the remaining four lands on 5th August 1962, which are subject matter of this petition.

(3.) THEREAFTER it appears that some time in the year 1964 the proceedings under section 32-1b were initiated. However, on 24th June 1972 the proceeding under section 32-1b were dismissed because it was observed that since the tenants were in possession on 1-4-1957 the question of going ahead with proceedings under section 32-1b does not arise. These proceedings will not have any bearing on the decision of the present petition.