APPA TANAJI GAWADE Vs. GANPATIKESU KHOMANE

JUDGEMENT

(1.) THIS writ petition is filed by the tenant seeking to challenge the Order of Maharashtra Revenue Tribunal, dated 25th June, 1982 by which the Landlord's Revision Application stood allowed and the order of the Sub-Divisional Officer, Baramati, dated 31st July, 1980 was set aside, and the decision of A. L. T. , dated l7th May, 1980 stood restored.

(2.) IN the present case on 19th March, 1962 lease was entered into by the landlord fn favour of the tenant for 99 years. The said lease is on record. It does not indicate the purpose for which the land was let out, the short point that arises for consideration in the present case is whether the said land was let out under the above lease for sugarcane cultivation,

(3.) THE trial Court came to the conclusion that the landlord was entitled to possession under Section 32 (o) read with 32 (p) of the Tenancy act because purchase by the tenant became ineffective. The question before the trial Court was whether the tenancy was created after the Tillers Day and whether the tenant was entitled to purchase the suit land under the provisions of Section 32- (o) of the Tenancy Act, 1948 By cryptic Order, the additional Tahsildar came to the conclusion that under Section 32- (o) it was obligatory on the part of the tenant to give an intimation about his desire to purchase the land within one year from the commencement of the tenanoy and since the tenant did not do so, the landlord was entitled to recover possession. Even before the trial Court, the tenant had expressly contended that the land was used for sugarcane cultivation. However the trial court came to the conclusion that the Lease Deed (Ex 2) did not show that the land was used for sugarcane cultivation. No reasons were given in support of the said finding