NARAYAN GOVIND KALE Vs. DHARMARAJ HANMANT RAUT

JUDGEMENT

(1.) THIS is a petition filed by the landlord against the order passed by the Maharashtra Revenue Tribunal, Poona, allowing the application filed by the tenant---respondent No. 1 and setting aside the orders passed by the Tahsildar and affirmed by the Special Deputy Collector that the respondent No. 1 was not a tenant of the petitioner. The suit lands are situate within the Municipal limits of Barsi town, Taluka Barsi, District Sholapur. As they are situate within the Municipal limits, provisions of sections 32 to 32-R of the Bombay Tenancy and Agricultural Lands Act, 1948 are not applicable to the suit fields. It was the case of the respondents No. 1 that he was a tenant of the suit land for about 15 years and that he is an illiterate agriculturist. The petitioner in collusion with the Talathi got his name entered in the record of rights in the column of "cultivation". The petitioner also interfered with the possession of the respondent No. 1. The petitioner also entered into an agreement of sale of these lands with respondent No. 2. When the respondent No. 1 came to know about all these facts, he filed a suit against the petitioner and the respondent No. 2 in the Court of the Civil Judge, Junior Division, Barsi, praying for perpetual injunction against the petitioner and the respondent No. 2 from interfering with his possession. The petitioner and the respondent No. 2 put in appearance. The petitioner disputed the respondent No. 1s claim as a tenant. It was submitted that right from 1966 he has been in possession of the suit fields and that he himself has been cultivating them. He has also been paying land revenue and the respondent No. 1 has nothing to do with these fields. In view of these pleadings, the learned Judge framed one of the issues :