LAXMAN DAJI VARNEKAR Vs. THAKU GOVINDA SHINDE

JUDGEMENT

(1.) Petitioners have filed this petition challenging the judgment and order dtd. 19/4/1997 passed by the Maharashtra Revenue Tribunal (Tribunal) allowing the Revision Application filed by the Respondents and setting aside the order dtd. 28/2/1992 passed by the Sub-Divisional Officer, Satara (SDO). The SDO had allowed the Appeal filed by the Petitioners and had set aside the order dtd. 29/6/1985 passed by the Tenancy Awal Karkoon, Satara holding that Petitioners are now the tenants of the land under the provisions of Sec. 70(b) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (the Act). The order was passed by the Tenancy Awal Karkoon in a Reference made to him by the Civil Judge Junior Division under the provisions of Sec. 85A of the Act in Regular Civil Suit No.92/1977.

(2.) Agricultural lands bearing Survey No.705/1, 702/5, 705/13 situated at Village-Limb, Taluka and District-Satara are the subject matter of the present case, which are hereinafter referred to as 'the suit lands.' The suit lands were originally owned by Mahadu Mali who had two sons, Krishna and Hari. It appears that Hari did not have any issues whereas Krishna had one daughter named Thakubai. Krishna executed gift-deed dtd. 27/3/1940 in favour of Thakubai and accordingly Mutation Entry No. 3812 was certified mutating the name of Thakubai in respect of the suit lands as owner thereof.

(3.) Thakubai filed Regular Civil Suit No.92/1977 in the Court of Civil Judge Junior Division, Satara against Laxman Daji Vernekar and his heirs seeking injunction against the Defendants from obstructing Plaintiff's possession of the suit land. Alternate prayer was made for seeking recovery of possession of the suit lands together with mesne profits from the date of filing of the suit. Defendants appeared in the suit and claimed possession of the suit lands.