KHANDU DAULAT DANGADE Vs. JAYWANTRAO YADAVRAO KHARADE

JUDGEMENT

(1.) THE petitioner claims himself to be a tenant of an agricultural land bearing Consolidated Survey No. 235 of village Balwandi-Kothar, Tq. Shrigonda, District Ahmednagar. He challenges in this writ petition, the decision dated 30-3-1985 of the Maharashtra Revenue Tribunal, Pune, in Revision Application No. MRT-H-VII-5/84 (Ten. B. 185/84 ).

(2.) THE facts giving rise to the litigation may be briefly stated, at the outset. One Yadavrao @ Yadu Kharade had three sons - Baburao, Jaywant and Shankar from his wife Anjanabai and, Balu from a predeceased wife. The family had several agricultural lands as well as some house properties. On or about 14th February, 1957 Baburao out of them, brought Regular Civil Suit No. 9 of 1957 in the Court of Civil Judge, Junior Division, Shrigaonda, for partition and possession of his share in the joint family property. It is relevant to note, some of the averments made in that suit. They are apparent from a certified copy of the decree dated 6-4-1961 passed in that suit. According to Baburao, the plaintiff in that suit, though the family had several lands and house properties, they were never divided between the members of the family by effecting any formal partition; but, for the sake of convenience, different members in the family were cultivating different lands and were occupying separately different house properties. It was averred in the plaint that, in course of time, some of the members had got their names mutated in the Village Record to the lands which were in their respective occupations and that plaintiff-Baburao was excluded from enjoying his due share in the family properties. He had averred that Survey Nos. 35 and 23 of villages Tandali and Balwandi-Kothar respectively, happened to be his separate properties but, they were also got mutated by the members of the family in their names. It was contended that when the plaintiff had asked for partition by metes and bounds in April, 1956, the other members had neglected to give him his share and had, ultimately, denied him his share. It was contended that on account of this refusal, he was obliged to bring a suit for partition. He had, accordingly, prayed for separate partition and separate possession of his share.

(3.) OUT of all those lands, the land which is relevant for the purposes of the present litigation is Survey No. 23 of Balwandi-Kothar, which appears to have been since numbered as consolidated Survey No. 235. Admittedly, since before the tillers day, the aforesaid land stood in the name of deceased-Anjanabai in the village records. She had applied, after the tillers day, for a certificate of exemption under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (in brief, BT and AL Act ). The certificate under section 88-C was granted to her by the Tenancy Authorities below and the matter was carried to the High Court, in that context, in Civil Application No. 2685 of 1958. Under orders dated 23-3-1972, the High Court had remanded the matter for hearing after setting aside the certificate. Anjanabai had died on 10-8-1969 during the pendency of that proceeding in the High Court and, therefore, the High Court had directed a fresh inquiry into the quantum of income of the legal heirs of deceased - Anjanabai. When the inquiry came before the Additional Tahsildar, Shrigonda in the year 1981, the legal representatives of Anjanabai did not press for it and, therefore, the said proceeding came to be disposed of under the orders dated 1-12-1981. A copy of that order is in the records.