GANAPATRO ANANDRAO BHOSALE Vs. DINKARRAO MANYABA BHOSALE

JUDGEMENT

(1.) THE petitioner-tenant has filed this petition under article 227 of the Constitution of India against the judgment and order dated 16. 8. 1990 rendered by the maharashtra Revenue Tribunal,pune, Camp at Kolhapur, in the revision application filed by respondent nos 1 to 3-landlords, by which their revision application has been allowed and the orders passed by the authorities below have been quashed and set aside.

(2.) THE proceedings were initiated under section 32g of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short, "act of 1948") in 1985 at the instance of anandrao Akaram Bhosale, father of the petitioner. Earlier, the proceedings under section 32g were initiated in 1958 and they were dropped on the ground that the landlady Jankibai was widow. Jankibai died on 17. 10. 1973. The A. L. T and the Assistant Collector, miraj Division, Miraj, by their orders dated 26. 5. 1986 and 1. 8. 1987 respectively, decided the proceedings in favour of the petitioner declaring him as deemed purchaser in respect of the land, in question, and fixed the purchase price under section 32g of the Act. That order was carried in the revision by the respondents.

(3.) ADMITTEDLY the land, in question, was Patel Watan land and it was governed by the provisions of the maharashtra Revenue Patels (Abolition Of Office) Act, 1962 (for short "act of 1962" ). The Act of 1962 came into force on 1. 1. 1963. On that date, the petitioner was in possession of the land in question. There does not seem to be any dispute that though the landlord being watandar was entitled to get the Watan land regranted to him under section 5 of the Act of 1962 he did not pay the occupancy price within the prescribed period and in the prescribed manner. The petitioner-tenant, admittedly, paid the occupancy price on 27. 12. 1965 and the regrant order in favour of the petitioner was passed on 22. 9. 1989.