GAJANAN MAHARAJ SANSTHAN, SHEGAON Vs. KISAN VITHUJI LOKHANDE

JUDGEMENT

(1.) The original plaintiff filed a suit against the appellant-defendant for refund of excess lease-money paid by him amounting to Rs. 760-89 p. The suit lands were leased out to the plaintiff since long and the agreed rent was Rs. 581 per year. The plaintiff paid the rent for the years 1961-62 and 62-63. Thus the total recovery made by the defendant for these two years are Rs. 1162. It was contended by the plaintiff in the plaint that the defendant was not entitled to recover more than three times the land-revenue as lease money in view of the provisions of section 11 of the Bombay Tenancy and Agricultural Lands Act. Therefore, after calculating the lease money accordingly, he claimed refund of the excess amount paid by him.

(2.) The defendant-trust resisted the suit contending that the provisions of sections 11 to 14 of the Act were not applicable to the lands in dispute it being the property belonging to the trust. A question of jurisdiction was also raised contending that the civil Court had no jurisdiction to entertain the suit nor it had jurisdiction to consider the claim for refund.

(3.) The learned Judge of the Trial Court held that the defendant-trust was not exempted from the operation of sections 11 to 15 of the Act and, therefore, it was not entitled to recover more than three times the land-revenue by way of rent for the suit field. The learned Judge further found that the civil Court had jurisdiction to entertain the suit. Consequently a decree in favour of the plaintiff for the amount of Rs. 760.29 p. with proportionate costs was passed by the civil Judge, Senior Division, Khamgaon.