GOPAL JIANNA MADREWAR Vs. POSHATTI BHOJANNA KHURD

JUDGEMENT

(1.) THE present petition is directed against the order, dated 19.3.1983, passed by the Maharashtra Revenue Tribunal, Aurangabad in Case No.157/a/1980-Nanded, whereby the learned Member of the Mahrashtra Revenue Tribunal dismissed the appeal maintaining the order dated 15.3.1980, passed by Additional Tahsildar, Kinwat, in file no. 79-A-Adiwasi-CR-81. THE Additional Tahsildar, by his above mentioned order, dated 15.3.1980 directed that the suit land be restored to the tribal transferors i. e. the present respondents by evicting the present petitioner-non-tribal transferee.

(2.) THE facts of the case, in nutshell, are that the Additional Tahsildar, Kinwat, observed that one Poshetti s/o Bhojanna and his brother's wife - Bhojubai w/o Poshetti transferred the suit land bearing Survey No.165-E, admeasuring 6 guathas and Survey No.165-U, admeasuring 6 gunthas, (new Survey No.669, admeasuring 9 gunthas,) situated at village Apparao Path, by a registered sale-deed, dated 24.4.1968, in favour of the present petitioner - Gopal s/o Jianna, for a consideration of Rs. 1,000/ -. THE learned Additional Tahsildar, therefore, started suo-motu proceedings under section 3 of the Maharashtra Restoration of lands of the Scheduled Tribes Act, 1974, by issuing and serving notices in the prescribed form no. 2 under that section. On conducting the inquiry, the learned Additional Tahsildar, passed the order, dated 15.3.1980, whereby he held that the transferors - Poshetti s/o Bhojanna and Bhujabai w/o Poshetti were mannerwarlu by caste and that the transferors - Poshetti s/o Bhojanna since expired, his sons - Narayan s/o Poshetti and his wife Bhodevi w/o Poshetti and the Bhojabai w/o Poshetti can be said to be the transferors of the suit land and that they were liable and entitled to get possession of the suit land under section 3 of the Maharashtra Restoration of lands to the Scheduled Tribes Act, 1974. He, therefore, passed the order that the suit land be restored to the tribal transferors after eviction the present petitioner - non-trial transferee.

(3.) THE only point, which needs decision in the present matter is as to whether the transfer made by the respondents in favour of the petitioner could be said to have been hit by the provisions of the Act in question. Admittedly, the transaction of transfer by registered sale-deed of the fields in question took place on 24.4.1968. It is not disputed that though the respondents belong to Mannerwarlu caste, the said caste initially was not included in the list of the Scheduled Tribes, and to be precise on the date of the transaction. It is an admitted position now that Mannerwarlu caste has been recognized as Scheduled Tribe in State of Maharashtra by virtue of the provisions of Scheduled Castes and Scheduled Tribes Orders (Amendment) Act 1976, which came into effect on 27th day of July, 1977. Before the said date, Mannerwarlu was not the caste included in the Scheduled Tribes list and till then Andh, Bhil, Gond, Kolam and Pardhan were the only five tribes which were recognized as Scheduled Tribes. THE admitted position, therefore, is that on the date of the sale-deed which was effected on 24.4.1968, Mannerwarlu caste was not recognized to be the Scheduled Tribe in the State of Maharashtra.