SHANKAR TUKARAM GAIKAR Vs. SUVARNAPRABHA DATTATRAYA ADURKAR

JUDGEMENT

(1.) This is a group of two Writ Petitions which emanate from a title dispute between two families namely 'Gaikar family' who is the purported tenant and 'Adurkar family' who is the landlord of the suit land being Survey No.354, Gut No.116 of Village Ghansoli, Taluka & District Thane. As the facts in both Writ Petitions are interwoven, both Writ Petitions are being disposed by this common order.

(2.) Briefly stated, facts necessary for adjudication of both Writ Petitions are as follows:-

(3.) Mr. Sawant, learned Advocate for members of the Gaikar family would submit the suit land is already acquired by CIDCO and is in its possession. Hence the dispute between parties as decided will result in its entitlement to the parties. He would submit that the order dtd. 27/5/2005 which is subject matter of challenge in Writ Petition No.2547 of 2006 is passed mainly on the ground that the Revision Application was filed by the Gaikar family belatedly after 33 years before the SDO, Thane and was time-barred. He would submit that the predecessors-in-title of the Gaikar family i.e. Kathari Shimgya and Tukaram Ramji were in possession of the suit land and were cultivating the same prior to 1950 and on 1/4/1957 i.e. on Tillers day their names were recorded in the Revenue Records of the suit land until 1965 vide Mutation Entry No.1282 dtd. 13/3/1965 in the land consolidated scheme. He would submit that as the predecessors-intitle of the Gaikar family were protected tenants of the suit land as per provisions of the MTAL Act, their names could not have been deleted from the Revenue Records without following the due procedure provided under Sec. 70(b) readwith Sec. 29 of the MTAL Act.