BABU KALLAPPA KHOT Vs. MHALSABAI MALHAR KULKARNI

JUDGEMENT

(1.) THIS application is filed by the tenant against whom an order for eviction is passed in respect of certain acreage of lands from out of three pieces held by him as tenant, A few facts will have to be stated for appreciating the contentions raised in these proceedings by Mr. Sali on behalf of the petitioner.

(2.) THE petitioner holds as tenant three pieces of land bearing survey Nos. 181/5, 181/3 and 181/1. The three lands admeasure 3 acres and 33 gunthas assessed at Its. 17 -4 -0 and are situate in village Mangaon, taluka Hatkanangale in district Kolhapur.

(3.) THE above decision was challenged by the petitioner by filing a revisional application before the Maharashtra Revenue Tribunal at Kolhapur. During the pendency of the revisional application one of the respondents, who claimed to be the adopted son of deceased Mhalsabai, died and his sons were brought on record, In the present proceedings they are shown as respondents Nos. 3 and 4. The petitioner had raised a number of contentions before the Tribunal. It was contended that no notice as contemplated by Section 33B of the Tenancy Act was served on the petitioner. The application by the deceased Mhalsabai for possession was not maintainable as she was holding the suit properties only as a limited owner for her maintenance. Lastly the tenant also disputed the fact that the landlady required the lands bona fide for personal cultivation. The Revenue Tribunal, however, confirmed the order of the District Deputy Collector subject to a slight modification. The possession of the land was to be delivered only after the right of the respondents to succeed to the property as heirs of deceased Mhalsabai or deceased Ramchandra, as the case may be, was adjudicated by the competent Court or the matter was settled by them by mutual agreement. The possession of the suit land was to be delivered to the successful landlord after the settlement of the question of title. Barring this modification, the revisional application was dismissed.