BABU SING VITHALSING RAJPUT Vs. BHAGIRATHIBAI BHAGWANSING THAKUR

JUDGEMENT

(1.) THIS petition is filed by one Babusing challenging the judgment and order passed by the learned Member of the Maharashtra revenue Tribunal, Aurangabad in two revision applications filed by bhagirathibai (since deceased ). In those revision applications Bhagirathibai has challenged the judgment and order passed by the Deputy Collector, land Reforms, Latur dismissing the appeal filed by her one against the order dated 30/11/1980 and second against the issuance of ownership certificate by Tahsildar, Nilanga in favour of Vithalsing (since deceased ). Bhagirathibai the original respondent died during pendency of this writ petition and her heirs and legal representatives are brought on record and now they are representing interest of deceased Bhagirathibai.

(2.) IN order to understand the controversy involved in this petition, the facts which are borne by the record are required to be stated. In this petition, controversy is only in respect of land S. No. 45 which has been declared in favour of Vithalsing Narayansing Rajput U/s 38-E of the hyderabad Tenancy and Agricultural Lands Act (hereinafter referred to as the Act ). It is not disputed that the Vithalsing also died and the present petitioner is his son. It has come on record that Bhagwansing and vithalsing were brothers and they were cultivating the land S. No. 43 and 45 situate at village Bibral, Taluka Nilanga, District Osmanabad then, now Latur. The name of both the brothers were recorded in the Protected tenancy Register kept under the Act. A provisional declaration came to be made respectively in favour of the brothers U/s 38-E On 21/7/1958. Bhagwansingh was declared as protected tenant in respect of S. No. 43 to the extent of 2 acres 15 gunthas and Vithalsing in respect of S. No. 45 to the extent of 17 acres 25 gunthas. After the provisional declaration, the objections were invited. As no objections were received objecting the provisional declaration, the said declaration made final by the Tribunal on 21/1/1960. The Tribunal further directed that certificate of ownership be issued U/s 38-E of the Act.

(3.) IT has come on record that proceedings under the Maharashtra agricultural Lands Ceiling on Holdings Act 1962 were taken in respect of the holding of Ramdas Gurudas who was owner of land S. 1 No. 4, 5 and 43. In that enquiry, the owner was declared, as surplus holder and the land owner has given option to surrender land S. No. 45 and accordingly, the land S. No. 45 was delimited and the possession was taken from vithalsing. Feeling aggrieved by the order passed by the celling authorities, vithalsing alone preferred an appeal before the Maharashtra Revenue tribunal and the Maharashtra Revenue Tribunal on 21/5/1979 allowed the appeal to the extent of S. No. 45. Accordingly, the possession was restored to Vithalsing. Bhagirathibai widow of Bhagwansing and sister-in-law of Vithalsing filed an application before Naib Tahsildar, Nilanga on 22/6/1979 complaining that the possession of S. No. 45 was given wrongly to Vithalsing alone though she was also dispossessed alongwith vithalsing, by the ceiling authorities and therefore, she claimed possession of that land.