PANDU GOPAL DANGE Vs. JANABAI

JUDGEMENT

(1.) Civil Application No. 2733 of 2014 for bringing on record the legal heirs of deceased petitioner No.2a is allowed. Amendment to be carried out forthwith. Mr. Tejpal Ingale appears for the petitioners, including the legal heirs now brought on record.

(2.) This petition, is directed against the judgment and order dated 30 December 1988, made by the Tenancy Awal Karkun, Shirala and orders dated 28 February 1991 and 26 November 1998 made by the learned Assistant Collector Collector Walwa and Maharashtra Revenue Tribunal, Kolhapur (MRT) respectively, confirming the same. All the three orders have declared that the petitioner's agricultural tenancy in respect of the suit property stands terminated and directions have been issued to hand over possession of half portion of the suit land to the respondents.

(3.) The brief facts, in which such challenge arises is that from some time prior to the year 1948, the petitioner or their predecessorsintitle claim tenancy and possession in respect of the suit properties, of which the original landlady was Smt. Anandibai Hasabnis (Anandibai). In 1957, said Anandibai instituted Tenancy Case No. 337 of 1957 under Section 31 of the Bombay Tenancy and Agricultural Lands Act, 1948 (said Act) against the petitioners (their predecessorsintitle) seeking to resume possession on grounds of bona fide requirement for personal cultivation before the Court of Tenancy Mahalkari of Shirala. By order dated 14 August 1957, Andibai's plea was allowed and possession was directed to be restored to her. The petitioners (or their predecessorsintitle) instituted Tenancy Appeal No.235 of 1957 before the SDO (Appeal Court) impugned the order dated 14 August 1957. By judgment and order dated 21 April 1958, such appeal was allowed and the order dated 14 August 1957 for restoration of possession was set aside.