GOVIND SHANKAR APHALE Vs. UTTAM GOVIND CHAVAN

JUDGEMENT

(1.) The petitioners in all these 9 petitions are the successors of one Smt. Anandibai, widow of Narayan Vishnu Aphale, who had 4 Annas share in the land admeasuring 4 Acres 4 Gunthas situated at village Konegaon in Karad Taluka of Satara District covered by Survey No. 100/2-B. The petitioners have challenged the order of Maharashtra Revenue Tribunal, Pune, dated 31-7-1985 dismissing the revision applications of the petitioners under section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereafter referred to as "the Act") whereby the petitioners had challenged the decision of the Sub-Divisional Officer, Satara Division, Satara dated 5-9-1983 confirming the order of the Additional Tahsildar and A.L.T. Karad dated 23-11-1982 fixing the purchase price of the land belonging to the predecessor of the petitioner Smt. Anandibai under section 32-G of the Act.

(2.) The facts of the case briefly stated are as under :

(3.) Proceedings were initiated in respect of the said land by the Additional Mamlatdar and Agricultural Lands Tribunal No. II, Karad under section 32-G of the Act for determination of the price of the land to be paid by the tenants who were deemed to have purchased the land on the tilers' day i.e. 1st April, 1957. In course of the proceedings, it was found that 25% of the land in question belonged to Smt. Anandibai, who was a widow. Therefore, order was passed under section 32-G only in respect of th share of the land. In respect of th share of the land belonging to the widow no order was passed under section 32-G in view of the provisions of section 32-F of the Act. A direction was also given by the Additional Mamlatdar and Agriculture Lands Tribunal in his above order dated 31st March, 1964 for rectification of the Record of Rights that the landlady holding th share in the land was a widow by effecting a mutation in V.F. VI in respect of the survey land in question. Smt. Anandibai died on 3rd December, 1965 and her share devolved on her successors who are the petitioners in these writ petitions. Later, the tenant of the said land Govind Bhau Chavan also died and on his death the name of his son Uttam Govind Chavan was brought on record as his heir.