MARUTI RAMAJI PATIL Vs. BABU DHONDI MOHITE

JUDGEMENT

(1.) This petition filed by the original landlords has brought in question the order passed by the Assistant Collector, Shahuwadi Division, Kolhapur on 28/7/1978 allowing an application filed under Section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 ( the Act for short ) and subsequently confirmed by the learned Member of the Maharashtra Revenue Tribunal at Kolhapur on 18/9/1979 by rejecting Revision Application No. 256 of 1978.

(2.) The facts briefly stated are that the agricultural land located in Survey No.60/1 admeasuring 2 Acres and 29 Gunthas and in Survey No.60/2 admeasuring 2 Acres and 4 Gunthas belong to the original petitioners no.1 and 2 i.e. Maruti Ramaji Patil and Dattatraya Ramaji Patil. Mr. Dhondi Babu Mohite was the tenant on the said land and he died on 20/12/1974. His LRs i.e. present respondents submitted an application under Section 84 of the Act to the Tahasildar on or about 19/7/1976 claiming that Dhondi Mohite was the tenant as on 1/4/1957 on the subject land and he was dispossessed sometimes in the year 1958-59 by the landlords forcibly and without obtaining any order from the Mamlatdar under Section 29 of the Act. They also claimed that late Dhondi did not surrender the land to the landlords on his own for any reasons whatsoever. The Tahasildar conducted an inquiry by recording the evidence of both the parties and submitted his report to the Assistant Collector. The case before the Tahasildar was registered as Tenancy Case No.7 of 1976, whereas on the report being submitted to the Assistant Collector, it was registered as Tenancy Appeal No.3 of 1976 and the said appeal was decided on 28/7/1978. The application submitted by the tenants was allowed with a further declaration that the possession of the landlords over the subject land was illegal and it was further directed that they shall be summarily evicted from the land.

(3.) The Assistant Collector framed the following three issues for his considerations:-