YESHWANTA Vs. DRUPATI

JUDGEMENT

(1.) The subject matter in all these writ petitions is a land situated at village Bhendegaon, Tq. Basmathnagar, Dist. Parbhani in Sy. No. 72/1 ad-measuring 19A-9G, originally owned by one Mirza Asadulla Baig. Owing to various proceedings filed in relation to the subject land and commonality of the subject matter, the three writ petitions are clubbed together, though challenging orders arising out of different proceedings.

(2.) The case of the petitioners in this writ petition is that, the owner of the said land Mirza Asadulla Baig, was residing at Hyderabad and the land was cultivated by his servant namely Nagu Mahadya Khandare. Mirza Asadulla Baig sold 19A - 9G land from Sy. No. 72/1 on 4/9/1973 to one Rama Asraji. Thereafter, the heirs of the Rama Ashruba sold this portion to the petitioner No. 2 i.e. Yashwanta Yogaji in the year 1977. It is claimed that Nagu who was the servant of land owner Mirza Asadulla Baig, was a witness to the registered sale-deed, which was executed in favour of Rama Asraji. On the basis of sale-deed which is executed in the year 1977, the present petitioners are claiming to be owner and possessor of land in Sy. No. 72/1.

(3.) It is contended by the petitioners that after the death of Nagu, who was servant of original land holder, his legal heirs were dispossessed and hence, they have filed an application before the Naib Tahsildar, Basmathnagar, bearing Case No. 75/TNC/32(1)/2 for possession of land under Sec. 32(1) of the Hyderabad Tenancy and Agricultural Land Act, on the ground that their ancestor Nagu was a protected tenant, and after his death, they have been dispossessed by Rama Ashruba and Yogaji Balaji in collusion with the owner Mirza Asadulla Baig. The proceedings were instituted in the Court of Naib Tahsildar (Revenue), Basmathnagar on 18/3/1975. After considering the rival contentions, the Naib Tahsildar has allowed the application of the legal heirs of Nagu vide judgment and order dtd. 16/4/1979, with a direction to restore the possession of the land in Sy. No. 72/1 ad-measuring 19A-9G situated at village Bhendegaon, Tq. Basmath to the applicants.