VISHWANATH GOPINATH BORUDE Vs. PANDHARINATH GOPINATH BORDUE

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard both sides for final disposal by consent.

(2.) The first two proceedings (Writ Petition Nos.1411/2014 and 1432/2014) are filed to challenge the orders made by the Tenancy Court and the appellate authorities like the order of the Tahsildar Paithan dated 30-11-2009, the order of the appellate authority, Sub Divisional Officer given in Appeal No.3/2011 and the order of the revisional authority - M.R.T. (Maharashtra Revenue Tribunal, Aurangabad) in Revision No.61-B-2012. The Tahsildar, Tenancy Court, has given direction to issue ownership certificate under the provision of Sec. 38(6) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Act ") in favour respondent No.1 Pandharinath Borude (now deceased and represented by his legal representatives). It is the case of the petitioners of the present two petitions who are brothers of Pandharinath that all the brothers of Pandharinath are entitled to get the certificate under section 38(6) of the Act as successors of the father Gopinath, who was inducted as tenant in the suit lands by the owner.

(3.) The disputed property consists of two portions of agricultural lands bearing Gat No.19 (old Survey No.6) to the extent 10 acres and Gat No.123 (Old Survey No.53) to the extent of 11 acres situated at village Dinnapur, Tahsil Paithan, District Aurangabad. One Madhavrao Khatik was the owner of these two lands and respondent Nos.3-A to 3B-II-b are the successors of Madhavrao. Gopinath, father of Pandharinath was cultivating entire area of these lands on Batai basis from prior to the year 1955. Name of Gopinath was entered in the revenue record as tenant and as per crop cultivation column he was in possession till his death. He died in the year 1957.