MALU SHRIPATIGADEKAR Vs. RAOSAHEB

JUDGEMENT

(1.) AGRICULTURAL land in Survey No. 24 (Gat No. 33)and Survey No. 25 (Gat No. 34), admeasuring about 34 Acres and 29 Gunthas and 16 Acres 28 Gunthas, respectively, of village Vasangaon, was owned by Shri roasaheb Gadekar. Shri Shripati Gadekar, resident of the same village, was tenant on the said land and declaration of ownership under section 38e of the hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as the Hyderabad Tenancy Act) came to be made in favour of Shripati on 1st february, 1957. Finalisation of the said declaration, by the Tahsildar, was OB 30th, January, 1960, whereas ownership certificate was issued on 11th April, 1961 in respect of land admeasuring 17 Acres and 14 Gunthas from Survey No. 24 and 4 Acres and 16 Gunthas from survey No. 25. Appeal against this declaration and ownership certificate was moved by Raosaheb belatedly and the same was dismissed on 28th March, 1970. His revision bearing No. 240/bn/1969 was also dismissed on 10th December, 1970. Raosaheb, therefore, approached this Court in Special Civil Application No. 1649 of 1972, which was also rejected summarily on 10th September, 1972. Though, the declaration of ownership was finalised under section 38e of the Hyderabad Tenancy Act on 30th January, 1960 and ownership certificate was issued on 11th April, 1961 shripati was not put in possession after he was dispossessed of the said land and prior to Raosaheb filing tenancy appeal before the Deputy Collector, Osmanabad on 21st May. 1969, he (Shripati) had moved an application under section 98 of the Hyderabad Tenancy Act before the Deputy Collector at Latur and the said application was decided in his favour on 21st November, 1967. Aggrieved by the said order, Raosaheb moved an appeal before the Maharashtra Revenue Tribunal and it was remanded by decision dated llth December, 1968. On remand, the appeal was decided by the Sub Divisional Officer, Latur and it was rejected on 26th November, 1969. Appeal to Maharashtra Revenue Tribunal also resulted in an order of dismissal on 10th December, 1971 and so also the Special Civil application No. 965 of 1972, moved before this Court, was also rejected on 20th june, 1972.

(2.) RAOSAHEB did not stop here alone and he filed Regular Civil Suit No. 67 of 1973 on or about 28th February, 1973. The said suit was dismissed on 29th june, 1984. Regular Civil Appeal No. 136 of 1984, challenging the order of the trial Court, was also dismissed by the lower Appellate Court on 21st April, 1997. Second Appeal No. 277 of 1998, filed by Raosaheb before this Court, was dismissed on 27th June, 2000.

(3.) AFTER the proceedings under section 38e and under section 98 of the hyderabad Tenancy Act were concluded finally by the orders of this Court, shripati approached the Deputy Collector on 10th August, 1973 and prayed for the possession of the suit land being handed over to him. The Sub Divisional officer decided the said application on 31st July, 1973 and passed the following order: