KERU GOVINDA JONDHALE Vs. MOHAMAD MOHIDDIN PATEL

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution arises from the order dated 10th March 1981 passed by the Sub Divisional Officer, Karvir Division, Kolhapur in Tenancy Case No.8 of 1975 instituted under Section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Tenancy Act") and duly confirmed by the Maharashtra Revenue Tribunal vide its judgment and order dated 24/9/1982 in Revision Application No.91 of 1981.

(2.) The brief undisputed facts relevant are that the agricultural land in revised Survey No. 341 and admeasuring 15 Acres and 11 Gunthas of village Top in Hatkanangale Taluka of Kolhapur District was owned by late Shri Mohamad Mohiddin Patel who left behind him six sons and one brother i.e. respondent nos.1 to 7 in the present petition. The said land was being cultivated by three different tenants viz. Keru Govinda Jondhale, Dadu Govinda Jondhale and Rama Sakharam Khot and each of them was in separate possession of 1/3rd share of the total land i.e. about 5 acres and 4 gunthas, much prior to the year 1954. Keru died in March 1954 leaving behind him the present petitioner no.1 i.e.Janabai his widow and present petitioner no.2 - Dnyanu, his son. On the demise of Janabai during the pendency of this petition the petitioner no.2 and his two sisters have been brought on record as the LRs of Janabai.

(3.) When Keru died in March 1954 the petitioner no.2 was a minor (aged about 4 years) and, therefore, on attaining majority he approached the Sub Divisional Officer, Karvir Division, Kolhapur by filing an application under Section 84 of the Tenancy Act praying for eviction of Respondent No.12 i.e. Aba Tatoba Khot who was in fact his maternal uncle (mother s cousin) and the landlord. This application came to be registered as Tenancy Case No.8 of 1975 and it was stated by the applicants that on the demise of Keru, the tenancy rights in respect of the agricultural land admeasuring 5 acres and 4 gunthas came to be transferred in the name of petitioner no.1 i.e. Smt.Janabai for the agricultural year 1954-55 and for the first time in the year 1956-57 the landlord in collusion with the Talathi got her name removed from the tenancy column and managed to incorporate the entry of "self cultivation". However, in the year 1958-59 the landlord in connivance with the respondent no.12 put the suit land in possession of the respondent no.12. The petitioner no.1 being the widow was seeking the help of her cousin who joined hands with the landlord and managed these entries and in collusion with the landlord took possession of the suit land forcibly and he remained in possession till the application was filed. The applicants, therefore, prayed for summary eviction of respondent no.12 and to hand over the suit land in their possession for cultivation.