AMRIT GANPAT SHINDE Vs. MAROTI AMRITRAO SHINDE

JUDGEMENT

(1.) THE petitioner challenged in this petition the order dated 13 -9 -1978 passed by Maharashtra Revenue Tribunal, Nagpur in Revision Application No. Ten -A -390 of 1976 arising out of order dated 20 -8 -1976 passed by the Sub -Divisional Officer, Achalpur in Revenue Case No. 3/59(24) of 1973 -74 of Mouza Narsari.

(2.) THE petitioner purchased field S. No. 2 area 7 acres 20 gunthas and S. No. 38 area 5 acres 19 gunthas of village Narsari in Rev. Case No. 1042/59 (13) of 1964 -65 of Narsari vide sale certificate issued to him. He has one son and 2 daughters. Out of the two married daughters one is provided for and another daughter Geeta wife of Bhaurao is not well provided and has been living with him and is doing agricultural labour. He is old and to provide source of maintenance to her, he wants to gift the said two fields to her. He, therefore, filed an application for permission to gift the said two fields to her as required by section 57 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 to the Sub -Divisional Officer, Achalpur. The Sub Divisional Officer issued proclamation inviting objections. His son Muroti filed objection to the effect that (1) that she is not a member of the family of the applicant and (2) she is staying with her husband who is a Government servant in Forest Department and she is not dependent on her father and prayed for refusal of permission. The Sub -Divisional Officer held that she cannot be held to be a member of the tenure -holder's family as required under rule 31 A (g)(ii) framed under section 57 of the Bombay Tenancy Act and hence, rejected the application vide order dated 20 -8 -1976. The petitioner preferred an appeal against this order before the Maharashtra Revenue Tribunal and the M.R.T. vide its order dated 13 -9 -1978 also dismissed the appeal holding the same view that she cannot be treated a member of the family of the applicant. These orders of S.D.O. and M.R.T. are challenged in this writ petition.

(3.) SECTION 57 of the Bombay Tenancy and Agricultural Lands (V.R.) Act, 1958 reads as below :