DHODIBA BHIWA NAIKRAO Vs. DATTARAYA KESHAV PATHAK

JUDGEMENT

(1.) These are proceedings between the parties under section 70 (b) of the Tenancy Act. The question is whether the petitioner alone is the tenant or whether he along with his brothers and the heirs of his brothers are tenants. The dispute arises under the following circumstances : ---

(2.) One Bhiwa, father of the petitioner and other brothers of the petitioner, was the tenant of the suit land. It appears that on 30.12.1946 petitioner alone executed a registered rent note for three years in favour of the landlords, i.e., the Pathaks. His name came to be entered in the record of rights presumably on the basis of this rent-note. It appears that Bhiwa died on 18-7-1949.

(3.) The Pathaks, as landlords, made an application only against the petitioner for possession of the land under section 31 of the Act. The same was dismissed. They made a similar application for a certificate under section 88-C only against the petitioner. The same was dismissed. Petitioners brothers Shankar and Kondiba made an application against the petitioner for a declaration that they all brothers were the tenants of the land. This was under section 70(b) of the Act. The Pathaks, as landlords, were not made parties to this proceeding. But they appeared as witnesses. This application was dismissed on 9-1-1960 and the Court held that the petitioner alone was the tenant. Even the appeal against that decision was dismissed on 14-5-1960.