KUNDLIK Vs. TULSHIRAM

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of the parties.

(2.) The petitioners are the legal heirs of the original tenant, and the respondents are the legal heirs of the original landlord. The lease was created after the tillers' day. The respondent did not deny that the suit land was leased for 99 years. It is also not disputed that the original landlord never applied for restoration of the land. The original tenant continued tenancy as per the lease agreement. The respondents had applied before the Tahsildar by an application under Ss. 32-O and 32-P of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (for short 'the Act').

(3.) The contention of the respondent before the Tahsildar was that the tenant ought to have purchased the land within a year from the commencement of the tenancy. No purchase notice was given to the landlord. Hence, his right to purchase had ceased. Therefore, the petitioner is liable to be evicted, and the land be restored to them. The petitioner was holding the land more than the ceiling limits. Therefore also, he is not entitled to purchase the suit land.