BHAGWAN WAMAN GAIKWAD Vs. PRALHAD DUNDA JADHAV

JUDGEMENT

(1.) Petitioners, who claim to be Watandars, challenge the common Order passed by Maharashtra Revenue Tribunal (MRT) on 1/4/2024 upholding the orders passed by the Sub Divisional Officer (SDO) by which tenancy claim of Respondent Nos.1 to 14 in the agricultural land has been upheld and Tahsildar has been directed to fix purchase price thereof under provisions of Sec. 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (Tenancy Act ).

(2.) The Petitions arise out of cross claims filed by Petitioners and contesting Respondents about tenancy status of the contesting Respondents. While Petitioners had instituted proceedings under Sec. 70(b) of the Tenancy Act seeking negative declaration against contesting Respondents that they are not tenants of the land, the contesting Respondents had initiated proceedings for fixation of purchase price of the land under Sec. 32G of the Tenancy Act. Both the proceedings were initially decided against the contesting Respondents by the Tahsildar. However, the SDO and MRT have ruled in their favour by upholding their tenancy claim by directing fixation of purchase price under Sec. 32G of the Tenancy Act.

(3.) Briefly stated, facts of the case are that land bearing new Survey No. 48/1 (old Survey No.30/1) and new Survey No.48/18 (old Survey No. 30/18) situated at village Thakurli, Taluka-Kalyan, District-Thane, which is now within the jurisdiction of Kalyan Dombivli Municipal Corporation, is the subject matter of present Petitions (the land). The Petitioners claim that their predecessor-Kachrya K. Gaikwad was the owner, occupier and cultivator of the said land. After demise of said Kacharya K. Gaikwad, names of his legal heirs i.e. predecessors in title of the Petitioners and Respondent Nos. 15 to 17 were entered into the revenue records. This is how Petitioners and Respondent Nos.15 to 17 claim ownership in respect of the land in question.