MOHAN GANESH DHARMADHIKARI Vs. DAYANO NANA PATIL

JUDGEMENT

(1.) BOTH these petitions are filed by the landlords. Petition No. 1964 of 1982 is filed against an order passed in 32-G enquiry while Petition No. 1970 of 1982 is filed against an order under section 32-P of the Bombay Tenancy and Agricultural Lands Act.

(2.) FEW facts which are relevant for the purpose of this petition are that the land in dispute, ie, Survey No. 57 and 157/2 of village mhalsawade, Taluka : Karvir, District Kolhapur of which the deceased-respondent Dnyanu Nana Patil was the tenant, it appears that, was partitioned on 18-11-1956 and the suit land came to be allotted to the share of the Petitioner No. 1. The date of birth of Petitioner no. 1 is 17th June 1949. He attained majority on 17th June 1967. It appears that on 11th August 1961 an enquiry was initiated under Section 32-G. The tenent remained absent and therefore an order of ineffective purchase is passed. This order is not to be found on the record. Again on 29th October 1965 the proceedings under Section 32-G were taken up and statement of the tenant was recorded regarding the ineffective purchase. However, it is important to note that even the order passed under Section 32-G on 29-10-1965 is also not on record. What is on record is only the intimation given of the decision to the landlord. Thereafter it appears that the tenant died on 16th July 1967. On 8th November 1968 an order came to be passed under Section 32-P. Surprisingly, though the order was passed in the year 1968, till the notice for possession was issued on 28th October 1980 the heirs of original tenants did not know anything about the proceedings, either under Section 32-G or under section 32-P.

(3.) THUS the heirs of the tenants, being aggrieved, filed tenancy appeal no. 177 of 1980 against the order passed under Section 32-G and tenancy Appeal No. 178 of 1980 against the order passed under Section 32-P. The tenants also preferred two more appeals against the landlords with which we are not concerned.