SHANTILAL BHUJBAL VAIDYA Vs. VASANT RAMCHANDRA DASKUL

JUDGEMENT

(1.) One Ramchandra Ganpat Daskul was the owner of the agricultural land located in Survey No.91-A admeasuring 14 acres and 14 gunthas and Survey No.91-B admeasuring 11 acres and 12 gunthas in village Baramati, Taluka Baramati. Ramchandra left behind him wife Yamunabai and son Vasant. Shankar Parasharam Ashtekar and Vishnu Kashinath Barge had claimed tenancy rights in respect of the land in Survey No.91-A admeasuring 14 acres and 14 gunthas, under the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Tenancy Act"). Tenancy Application No.2 of 1958 was filed claiming such a right and it appears that the revenue authorities had allowed the said application. The landlords i.e. Vasant and Yamunabai approached this Court in Special Civil Application No.781 of 1961. The said petition came to be decided by a Division Bench of this Court in terms of the compromise between the parties on 10-1-1962. Ashtekar and Barge were respondents in the said petition and all the parties to the petition have placed on record the compromise purshis signed on 10-1-1962.

(2.) As per the order passed by the Division Bench of this Court on 10-1-1962 from the total land of 14 acres and 14 gunthas in Survey No.91-A, seven gunthas were to be left by way of common land marked by letters P, Q, R, S, T and U, for common amenities and the remaining area i.e. 14 acres and 7 gunthas was to be divided equally between the landlords and the tenants i.e. Mr.Ashtekar and his partner Mr.Barge. It was further specifically stated by the Division Bench as under:

(3.) In spite of the specific observations made by the Division Bench in Special Civil Application No.781 of 1961 Mr.Barge filed an application under Section 70(b) read with Section 4 of the Tenancy Act before the Mamlatdar at Baramati and prayed for a declaration that he was a tenant in respect of the entire land in Survey No.91-A i.e. 14 acres and 14 Rs. This application was filed on or about 31/3/1962 and it came to be dismissed on 27/9/1963.