BASWANT MOTIRAM GAYKI Vs. GANPAT DHANAJI GAYKI

JUDGEMENT

(1.) Respondent Ganpat filed an application on 29-5-1967 under section 36(1) of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, referred to hereinafter as the Tenancy Act, 1958, for being restored to possession of eastern half of field survey number 34/1, admeasuring 12 acres 36 gunthas, assessed to Rs. 16, situated at village Nimbhora, tahsil Achalpur, district Amravati.

(2.) It was contended by Ganpat in his application that he was in exclusive possession of the suit field since the year 1953-54. He contended that he alone was cultivating the said field and was a protected lessee thereof. According to him, he became a deemed tenant under section 6(1) of the Tenancy Act, 1958. Initially petitioner Basant was his co-lessec in the year 1951-52, but thereafter he gave up cultivation of the field and left the village. Respondent Ganpat, therefore, alone was cultivating the field thereafter. According to respondent Ganpat, in the year 1964-65 Baswant began to cultivate eastern half portion of the field unauthorisedly, and therefore, he has filed the present application under section 36(1) of the Tenancy Act, 1958.

(3.) Baswant denied that applicant Ganpat alone is cultivating the suit field since the year 1953-54. According to him, he was in possession of the field as a co-lessee from the year 1951-52 and he has not forcibly entered into the possession of half portion of the field in the year 1964. He contended that he has not taken forcible possession of it. According to him, the application filed by Ganpat under section 36(1) is not maintainable because he was a co-lessee with Ganpat.