YESHWANT TUKARAM JADHAV Vs. VITHAL DATTOBA SANKPAL

JUDGEMENT

(1.) The petitioner applied under Section 29 (2) of the Bombay Tenancy and Agricultural Lands Act, 1948, for recovering possession of R. S. No. 767, situated at K-Bavada in Karvir Tahasil, Kolhapur, area 1 H-85 R. assessed at Rs. 24-25. The land undisputedly was governed by Section 43A of the Act, as it was a land leased for sugar-cane cultivation within the meaning of that Section, on the ground that he required the land for bona fide personal cultivation, and he was a small holder earning his living principally by agriculture or agricultural labour, who satisfied all the conditions mentioned in the Notification issued by the Government under Section 43A (3), of February 14, 1958, as modified by a further notification under that Section dated October 8, 1969.

(2.) After careful consideration of the evidence led by the parties, the Tenancy Aval Karkun, Karvir, by his order dated May 2, 1973, allowed that application, terminated the tenancy of the Respondents and ordered possession of the suit land to be restored to the Petitioner, as he found that the Petitioner satisfied the conditions specified in Section 33B (5), Clauses (b) and (c), as stated in the Notification of the Government dated Oct. 8, 1969.

(3.) That order was challenged in an appeal filed before the Assistant Collector, Karvir Division, Kolhapur, by the 12 Respondents/tenants, other than Respondent No. 13, who appears to be an old lady, not interested at all in the land. The Assistant Collector, by his order dated Sept. 27, 1975 confirmed the order, observing as follows:--