LAXMAN FAKIRA JONDHALE Vs. SURESH MAHADU JONDHALE

JUDGEMENT

(1.) This petition challenges the order passed by the Additional Commissioner in a review application, allowing the revision application filed by the respondents under Sec. 257 of the Maharashtra Land Revenue Code, 1966 ('MLRC'). The dispute between the parties in the present petition is in connection with the respondents' claim of tenancy rights through Mhadu Bhau Jondhale.

(2.) The dispute between the parties is with regard to 4.30 H-R out of 12.90 H-R of Gat No. 218 (old survey no. 40) (said land). Ramnath Marwadi was the original landlord of the said land. One Bhau Dhondu Jondhale was cultivating the said land as a tenant. On 18/9/1957, the names of Bhau Jondhale's sons, Mahadu and Fakira were entered in the revenue record by way of mutation entry no. 384 as joint tenants of the said land. The name of Mahadu Jondhale was deleted by mutation entry no. 448 dtd. 27/8/1959. It is the petitioners' case that said mutation entry was based on an inquiry under Sec. 40 of Bombay (now Maharashtra) Tenancy and Agricultural Lands Act, 1948 ('Tenancy Act'). It is the petitioners' case that since Mahadu was not cultivating the said land, only the name of Fakira was retained as a tenant, and the name of Mahadu was deleted. The said mutation entry no. 448 was certified on 19/4/1960.

(3.) By order dtd. 31/3/1960, the order under Sec. 32G was issued in the name of Fakira. Entry of the said order was made in the revenue record by way of mutation entry no. 507. According to the petitioners, they paid the purchase price and the certificate under Sec. 32M was issued on 2/2/1994.