LAXMAN CHANDRABHAN NAKTODE Vs. MAHARASHTRA REVENUE TRIBUNAL NAGPUR

JUDGEMENT

(1.) These two writ petitions have been referred by the learned Single Judge of this Court . The question involved the interpretation of the provisions of Section 120-A of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act 1958 ( hereinafter referred to as the Vidarbha Tenancy Act) . The point has been directly decided by the Division Bench of this Court while interpreting the parallel provisions of Section 84--A of the Bombay Tenancy and Agricultural Lands Act. 1948 (hereinafter referred to as the Bombay Tenancy Act). However, the learned Single Judge felt that a reconsideration of the view taken seems to be necessary for reasons stated by him and hence he referred the matter to the Division Bench.

(2.) The few facts that must be noted for understanding the point of controversy are these. One Sitabai who was a widow inherited agricultural property from her mother Bahenabai, Sitabai had a daughter. Sushila, who was married to one Laxman Naktode. This Sushila also died. She is survived by two children from Laxman, namely, Arun and Usha, both minors, Sitabai executed two separate gift-deeds in favour of Usha and Arun in respect of Survey Nos. 21 and 23 of the villages Chandkapur and Rasulpur respectively, both from the district of Yeotmal. Usha was gifted survey No. 21 measuring 18 acres 26 gunthas and Arun was recipient of survey No. 23 measuring 9 acres 32 gunthas. Both these gift-deeds were executed on 24th January 1961. Admittedly for both these lands, there ere tenants who were holding the lands from Bahenabai long before the execution of the gift-deeds. Respondent No.4 Dambdu in Special Civil Application No. 1187 is the tenant of survey No,. 21 and respondent No. 4 Shyamrao in Special Civil Application No. 1188 of 1969 is a tenant of survey No. 23.

(3.) Immediately after the execution of the gift -deeds in favour of the two minors, both the minors through their guardian , the father served, notices on the tenants on 13th of February 1961 which were received by them on 17th February 1961. Soon thereafter on February 25, 1961 the two minors filed two separate applications under Section 39 read with Section 36 of the Vidarbha Tenancy Act for the purpose of claiming the possession of the entire lands from both the tenants after evicting them. Both the cases initially proceeded ex parte and were heard on 1st of April 1961. The Naib Tahsildar passed his order on April 12, 1961 and directed eviction of both the tenants from their respective lands. Not only the ex parte orders were so obtained, but the tenants were evicted on June 13, 1961. It is not clear from the record whether executions were taken out or the tenants were otherwise deprived of possession. However, becoming aware of the proceeding in this manner , the tenants filed appeals and obtained restoration order on July 6, 1981. The appellate authority set aside the eviction orders and remanded both the applications under Section 39 read with Section 36 to the Naib Tahsildar for enquiry and disposal according to laws.