YADEO BHIKA WARADE Vs. MAHARASHTRA REVENUE TRIBUNAL, NAGPUR

JUDGEMENT

(1.) This is a landlord's petition under Articles 226 and 227 of the Constitution. The dispute relates to field survey No. 24, area 23 acres and 5 gunthas, of village Nimboli in Buldana district.

(2.) The petitioner Yadao is a tenure-holder, being an occupant of survey No. 24 of Nimboli. In addition he holds some other pieces which make total land in his ownership of the extent of 30 acres and 27 gunthas. The family holding for this area is 24 acres and the land equal to three family holdings will be 72 acres.

(3.) Survey No. 24 was being cultivated by respondent No. 3 Namdeo and respondent No. 4 Madhao. Both of them executed a surrender deed in respect of this field on Jan. 9, 1958. That surrender deed was duly registered. The surrender was effected under the provisions of the Berar Regulation of Agricultural Leases Act then in force. On April 3, 1958, the surrender was verified by the Naib Tahsildar and found to be valid. Thereafter the petitioner Yadao obtained possession of the field as a result of the surrender.