TUKARAM HARI SHEVALE Vs. LAXMIBAI VISHNU KULKARNI

JUDGEMENT

(1.) The petitioners-tenants have brought in question the order passed by the Addl. Tahsildar and ALT at Karad on 27/9/1974 dismissing their application under Section 32G(4) of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act" for short). The order passed by the Additional Tahsildar came to be confirmed in Tenancy Appeal No.54 of 1976 dismissed by the Special Land Acquisition Officer No.II, Satara and the Revision Application No.5 of 1984 was also dismissed by the learned Member of the Maharashtra Revenue Tribunal confirming the said appellate order.

(2.) The factual matrix relevant to the petition is that the suit land admeasuring 9 Acres and 23 Gunthas from revised Survey No.438 of village Yelgaon in Karad Taluka of Satara District was owned by Smt.Sitabai @ Kashibai Ramchandra Dandge and on the tiller s day i.e. on 1/4/1957 she was a widow and hence on account of that the said tiller s day was postponed. The petitioners along with Chandrakant Shete were the tenants on the said land. Chandrakant Shete was cultivating the land to the extent of 3 acres whereas the remaining land admeasuring 6 acres and 23 gunthas was cultivated by the petitioners. Smt.Sitabai, the original landlady died on 18/11/1968 leaving behind her two daughters viz. Laxmibai and Mandakini through her LRs. Mutation Entry No.4289 dated 17/2/1969 was mutated only in the name of Laxmibai in respect of the suit land and on 15/11/1969 Laxmibai filed an application before the Tenancy Aval Karkun, Karad under Section 29 read with Section 31 of the Tenancy Act and the application was registered as Tenancy Case No.85 of 1970. She had prayed for restoration of the land for self cultivation. By his order dated 8/11/1971 the application was allowed by the Tenancy Aval Karkun holding that Laxmibai was entitled for restoration of half of the suit land i.e. 3 acres and 11 gunthas from the possession of the petitioners and 1 acre and 20 gunthas from the possession of the other tenant viz. Chandrakant Shete. This order was challenged by the petitioners in Tenancy Appeal No.55 of 1972 and the appeal was allowed by setting aside the order dated 8/11/1971 passed in favour of the landlady i.e. Laxmibai by the Tenancy Aval Karkun, on 17/1/1973. This order received finality as it was not challenged either by Laxmibai or by the LRs of her sister Mandakini who died on 5/5/1961 and survived by three sons and two daughters.

(3.) On or about 3/2/1974 the present petitioners submitted an application under Section 32G(4) of the Tenancy Act for purchase of the suit land i.e. 6 acres and 23 gunthas before the Tahsildar and ALT to determine the purchase price. This application came to be registered as Tenancy Case No.39 of 1974. The Additional Tahsildar and ALT at Karad, after hearing the parties concerned including the LRs of the original landlady held that the tenants acquired the right under Section 32 to purchase the land on 18/11/1969 and which happened to subsist till 17/11/1970 when they lost their right because they failed to send the intimations as required under Section 32F(1A) of the Tenancy Act and, therefore, he held that the tenants purchase of the suit land was ineffective under Section 32P read with Section 32F of the Act. He further ordered the eviction of the tenants and restoration in favour of the landlords by his order dated 27/9/1974. The tenants carried this order in Tenancy Appeal No.54 of 1976 and the same was dismissed by the Special Land Acquisition Officer on 10/2/1977. The tenants approached the Maharashtra Revenue Tribunal in Revision Application No.135 of 1977 which was allowed vide judgment and order dated 19/8/1978. However, the landlords approached this Court in Special Civil Application No.227 of 1978 and the same came to be allowed on 18/11/1983 partly by directing the Tribunal to hear the parties de novo and decide the controversy according to law. On remand the Revision Application came to be registered as Application No.5910 1984 and it was dismissed as per the judgment and order dated 8/1/1985 by confirming the order dated 10/2/1977 passed by the Special Land Acquisition Officer as an appellate authority.