RAMCHANDRA SITARAM SUPANEKAR Vs. UTTAMRAO YASHWANT KHOT

JUDGEMENT

(1.) Petitioners have filed this Petition challenging the judgment and order dtd. 6/12/1997 passed by the learned Member, Maharashtra Revenue Tribunal, Pune, (MRT) allowing the Revision Application preferred by the Respondents and setting aside the order passed by Sub Divisional Officer (SDO) dtd. 31/1/1994. The SDO had allowed the Appeal preferred by the Petitioner and had set aside Tahsildar's order dtd. 7/10/1993 declaring Respondents as tenants in respect of the land in question. Thus, the net result of the order passed by the MRT is that tenancy claim of Respondents in respect of the land has been upheld.

(2.) The case has a chequered history. Agricultural land bearing Gat No.3273 (new Gat No.396) admeasuring 50 R. and Gat No.836 (new Gat No.125) admeasuring 1 H. 53 R. situated at village Masur, Taluka Karad, District Satara is the subject matter of the Petition. Both the pieces of lands were initially owned by Bhagirathibai Tope and Bajrang Balwant Tope. After death of the parents, their son Shankar Bajrang Tope became owner of both the pieces of land and his name was apparently entered in the revenue records as owner. Uttamrao Yashwant Khot (Uttamrao) claimed tenancy in respect of both the pieces of lands claiming that he was cultivating the same since the year 1965-66. He filed Tenancy Case No.5 of 1982 under provisions of Sec. 70(b) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (Tenancy Act ) in which he admitted that though he was cultivating the land since the year 1965-66, his name was never mutated in the revenue records in 'cultivation' column. He pleaded that Sunil Shrirang Rasal purchased land bearing Gat No.3273 on 16/7/1982 whereas Ramchandra Sitaram Supanekar (Petitioner No.1) purchased land bearing Gat No.836 on 16/7/1982 from Shankar Bajrang Tope and got their respective names mutated in the revenue records. Uttamrao alleged that Sunil Rasal and Ramchandra Supanekar started intervening with his possession of lands bearing Gat Nos.3273 and 836 which gave cause of action for Uttamrao to file Tenancy Case No.5 of 1982. Uttamrao therefore sought a declaration that he was cultivating both the pieces of land as tenant and sought injunction against Sunil Rasal and Ramchandra Supanekar from obstructing his possession. The Tenancy Awal Karkun, Karad, (TAK) allowed Tenancy Case No.5 of 1982 by his judgment and order dtd. 20/8/1985 declaring Uttamrao as a tenant in respect of both the pieces of lands. Petitioner No.1 alongwith heirs of Shankar Bajrang Tope filed Appeal before the SDO, Satara, challenging the order of TAK dtd. 20/8/1985. The SDO proceeded to allow the Appeal inter alia holding that Uttamrao could not prove his claim of tenancy. The SDO set aside the order passed by the TAK by his order dtd. 22/1/1987. Uttamrao filed Revision Application before the MRT which came to be partly allowed by judgment and order dtd. 21/12/1988 observing that Sunil Rasal and Ramchandra Supanekar had applied before TAK for transfer of the case and District Collector had directed Tenancy Case No.5 of 1982 to be heard by Tehsildar and not by TAK and ignoring the said order of transfer, TAK had proceeded to decide the tenancy case. The MRT therefore set aside the orders passed by the SDO as well as TAK and remanded the proceedings to Tehsildar, Karad for decision of Tenancy Case No.5 of 1982 afresh.

(3.) In the remanded proceedings, evidence of Uttamrao's son Ravindrakumar was recorded. Similarly, statement of Petitioner Ramchandra Supanekar was also recorded. Tehsildar proceeded to allow Tenancy Case No.5 of 1982 by judgment and order dtd. 7/10/1993 holding that Uttamrao was a tenant in respect of both the pieces of lands bearing Gat Nos.3273 and 836.