DHARMA RADHYA VARTHA Vs. RAMESH VRIJLAL SHAH

JUDGEMENT

(1.) THIS writ petition takes exception to the judgment and order passed by the Maharashtra Revenue Tribunal dated October 25, 1985, in Revision No. Ten. A. 169 of 1983.

(2.) BRIEFLY stated, the lands in question are agricultural lands. In the present proceedings, the respective petitioners claim to be in occupation of the lands, which were subject-matter of applications under section 70 (b) of the Bombay Tenancy and Agricultural Lands Act, preferred by the petitioners for declaration that they were tenants in respect of the said lands. The holding of the respective petitioners as against the concerned land claimed by them is as follows. <FRM>JUDGEMENT_352_MHLJ3_2005Html1.htm</FRM>

(3.) THE petitioners filed 13 separate applications under section 70 (b) of the act for declaration that they are tenants in respect of the above suit lands. The petitioners are tribals and illiterate persons. They claimed that since their forefathers, for over 50 years, they were cultivating lands as tenants and the portion of the said lands, which are now described as the suit lands, were being used for incidental agricultural activity for the purpose of rab manure. It is not in dispute that proceedings under section 32g of the Act in respect of the kharif lands which were cultivated by the petitioners since their forefathers have already culminated with an order in favour of the petitioners declaring them deemed purchasers thereof. The petitioners have already purchased the said lands. It appears that during the said proceedings, the statement of the petitioners came to be recorded that they were not holding any other land for agricultural purpose as tenants. On that basis, final orders under section 32g came to be passed in favour of the petitioners and which have been accepted by both the parties. However, in the present proceedings under section 70 (b) of the Act filed by the petitioners, it is the case of the petitioners that, in addition to the kharif lands, which were under cultivation of the petitioners, of which they have now been declared as owners, they were also in occupation of the suit lands, where the incidental agricultural activity was carried on, in particular for the purpose of rab manure. On that basis, if is asserted that since the petitioners were in occupation of the said lands since their forefathers for over 50 years, they have become tenants even in respect of the suit lands, which are adjoining the kharif lands, of which they have been already declared as owners. The cause for filing the said applications was that the respondents, after death of their predecessors started disturbing possession of the petitioners in respect of the suit lands sometime in 1968. Accordingly, the petitioners filed separate 13 applications under section 70 (b)of the Act as aforesaid. Initially, the petitioners had filed 18 applications; however, five applications were withdrawn and only 13 applications proceeded with pertaining to the suit lands.