BALAPPA CHANNAPPA TERDAL Vs. SIDHAPPA VYANKAPPA KALIGUDI

JUDGEMENT

(1.) Bhagwantrao Dafale, resident of Umarani, Taluka Jath, Dist. Sangli had four sons by names, Dattajirao, Shankarrao, Madhavrao and Annasaheb. The three sons i.e. Shankarrao, Madhavrao and Annasaheb died issueless whereas Dattajirao had a son by name Bhagwantrao who was married to Sushilabai. Madhavrao died in the year 1940 and was survived by his widow Lalabai. The agricultural land admeasuring about 20 acres located in Survey No.69 (Gat No.108) of village Umarani (Khojanwadi) was under the cultivation of late Madhavrao and on his demise in the year 1940, his widow Smt.Lalabai became the landlady. The Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 was brought into force with effect from 1/8/1955 and consequently the said land under the cultivation of Lalabai was taken over by the State Government. However, Smt. Lalabai paid the occupancy price within the stipulated period and the land was regranted to her sometimes in August 1963. The landlady died on 3/4/1969 and was survived by Smt. Yashodabai, the widow of Shankarrao, Bhagwantrao and Annasaheb.

(2.) Shri Venkappa Kaligudi was the tenant on the suit land as on 1/4/1957 (hereinafter referred to as the respondent no.1). The ALT and Additional Tahsildar, Jath during the life time of Smt.Lalabai had initiated proceedings suo motu under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948 ("the Tenancy Act" for short) and the said proceedings were dropped as the landlady was a widow. On the demise of Smt.Lalabai in April 1969 the ALT and Addl. Tahsildar, Jath started fresh suo motu proceedings under Section 32G and the Respondent No.1 was shown as the tenant. He appeared before the ALT on 16/6/1971 and his statement was recorded. The ALT gave a decision sometimes in 1971 itself holding that there was no occasion to start proceedings under Section 32F(2) as the tenant had not complied with the provisions of Section 32F(1A) of the Tenancy Act.

(3.) The petitioner in Writ petition No.257 of 1990 claimed that he was cultivating half of the suit land while the remaining half was being cultivated by the respondent no.1 as a tenant on the entire land (hereinafter referred to as the petitioner). He further claimed that by an agreement dated 18/6/1971 entered between him and the respondent no.1 an amount of Rs.6000/- was paid to the respondent no.1 by way of purchase price of the half portion and this transaction was against the proposed purchase of the entire suit land by the respondent no.1. In the said agreement the respondent no.1 also confirmed that the petitioner was in cultivation of half of the land whereas on the remaining half the respondent no.1 was in cultivation and he was shown as the tenant in respect of the entire suit land. The petitioner further claimed that the Tahsildar, Jath had entered his name in the Revenue Record by his order dated 1/10/1983 and retrospectively for the year 1971-72 onwards. On these contentions the petitioner approached the ALT, Jath to initiate proceedings under Section 32G of the Tenancy Act for declaring his ownership on half of the suit land. The notices were issued to all the parties viz. the present respondent no.1 as well as the landlords. When this application was pending Smt.Yashodabai died in 1984 and Annasaheb died in 1980 and was survived by his widow Hirabai. The ALT by his order dated 12/5/1986 allowed the proceedings in favour of the petitioner and determined the purchase price. The petitioner was declared as the owner in respect of half of the suit land and on payment of the purchase price the ownership certificate came to be issued in his favour.