LAWS(BOM)-1956-12-4

GULABRAO N WANI Vs. HEMAKASHIRAM GAJARE

Decided On December 04, 1956
GULABRAO N.WANI Appellant
V/S
HEMAKASHIRAM GAJARE Respondents

JUDGEMENT

(1.) THE petitioner in this case is the owner of Survey No. 80 at Bhusaval City. He, on 28th March 1949, entered into an agreement with Opponent No. 1 Hemakashiram Gajare under a registered deed agreeing to sell the suit land to the said Opponent No. 1 for a sum of Rs. 2,500; it was agreed that the payment should, be made every year at the yearly instalment of Rs. 200 towards the satisfaction of the price of the land with monthly interest of annas four per cent, and that after the whole amount was thus paid, Opponent No. 1 will be given a 'pucca' sale-deed. According to the terms of the said agreement, it was further agreed that Opponent No. 1 was to be in possession of the land. The petitioner complained that Opponent No. 1 paid Rs. . 500 only to the petitioner and that thereafter the said Opponent did not pay the remaining amount in accordance with the terms of the agreement. The petitioner had, therefore, to file a suit being regular Suit No. 275/1953 in the Bhusaval Civil Court: the Opponent No. 1 resisted that suit alleging that he was the tenant' of the- suit land and therefore the petitioner had to file a Tenancy Suit in the Court of the Mamlatdar of Bhusaval for a declaration that Opponent No. 1 was not a tenant of the suit land.

(2.) THE Mamlatdar held that Opponent No. 1 was not the tenant of the suit land. On appeal, the District Deputy Collector held that Opponent No. 1 was a tenant and reversed the order of the Mamlatdar. This order was upheld by the Revenue Tribunal.

(3.) IT is against the order of the Revenue Tribunal that this application under Article 227 of the Constitution of India, has been filed before us. The short question to be considered is whether taking into consideration the terms of the agreement alleged by the applicant, Opponent No. 1 can be regarded as a tenant. Tenant has been defined under Section 2 Clause (18) thus :