NIVRUTTI DAJI NARAKE Vs. JANABAI PIRAJI NARKE

JUDGEMENT

(1.) BOTH these Petitions can be disposed of by common Judgment, as issue involved is identical, between the same parties. The Petitioners and respondents are related to each other. The husband of Respondent No. 1, and Respondent No. 2 was cultivating the suit land along with the Petitioners. He expired in 1956, where after, the Petitioners continued to cultivate the suit land; nonetheless, in the proceedings under Section 32g of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'), purchase price has been determined in respect of the suit land holding that the parties were in joint cultivation. Consequent to that order, purchase price has been fixed and Certificate under Section 32m of the Act has been issued in favour of the parties. Issuance of Certificate under Section 32m raised presumption that the Petitioners and Respondents were co-tenants and have now became co-owners in respect of the suit land. It is on that assumption, the Respondents 1 and 2 preferred application before the Tenancy Authority under section 84 of the Act asserting that they have been forcibly dispossessed from the suit lands, though they have become co-owners and were in joint possession along with the Petitioners. The Tenancy Authority, however, rejected that application on the reasoning that the names of the Respondents have not been entered in the Village records, so as to establish their stand of joint possession. The Respondents carried the matter in Revision before the Maharashtra Revenue Tribunal, which in turn has allowed the Revision Application by the impugned Judgment and Order dated August 23, 1990. The Tribunal, on the other hand, has found that issuance of Certificate under Section 32m of the Act presupposes that the Petitioners and Respondents were co-tenants and have therefore become co-owners in respect of the suit land on the tillers' day i. e. 1st April 1957. The Tribunal, therefore) proceeded to hold that the Respondents/applicants have been obviously dispossessed only after the tillers' day i. e. 1st April 1957. On that reasoning, the Tribunal proceeded to pass the following order

(2.) AFTER hearing counsel appearing for the parties. the moot question that arises for consideration is whether application as preferred by the Respondents under Section 84 of the Act, can be said to be appropriate remedy available to the Respondents. Section 84 of the Act reads thus: 84. Summary eviction.- Any person unauthorisedly occupying or wrongfully in possession of any land - (a) the transfer or acquisition of which either by the act of parties or by the operation of law is invalid under the provisions of this Act. (b) the management of which has been assumed under the said provisions, or (c) to the use and occupation of which ha is not entitled under the said provisions and the said provisions do not provide for the eviction of such persons, may be summarily evicted by the Collector. "

(3.) IN the present case, it has been found as of fact, that the Petitioners and Respondents were Co-tenants prior to tillers' day and have become co-owners of the suit land. On that finding, it necessarily follows that the Petitioners can neither be said to be unauthorisedly occupying or wrongfully in possession of the suit land. Indeed, Certificate issued under Section 32m of the Act would presuppose and raise presumption that the Respondents were in joint possession along with the Petitioners as co-tenants of the quit land on the tillers' day and have become co-owners thereof along with the Petitioners. Even so, the Petitioners cannot be said to be unauthorised occupants or in wrongful possession of the suit lands as such, which is the quintessence for applying Section 84 of the Act. It is a different matter that the Petitioners have not permitted the Respondents to enjoy the suit land. That however, cannot be the basis for invoking remedy of summary eviction under Section 84 of the Act, having regard to the fact situation of the present case. Even if the Respondents may not be in possession in fact, but in law, they would continue to be co-owners on account of issuance of Certificate under Section 32m of the Act in respect of the suit land, which is also in their favour.