JANKIBAI BALWANT RAJHANS Vs. SURYABHAN DAMODAR THORAT

JUDGEMENT

(1.) THE land Survey No. 600 situated at village Sonai (Taluka : Newasa, District : Ahmednagar), having area of 5 Hectares. 05 Ares is the subject matter of the present petition. The said land is ordered to be restored to the respondent No. 1 - tenant by the Tahsildar, Newasa, by his judgment and order dated 23rd November 1977 vide Tenancy Case No. 8/77 which is confirmed by the Assistant Collector, Rahuri Division, Ahmednagar, in Tenancy Appeal No. 1/78 and Tenancy Appeal No. 4/78, decided on 31st March 1979.

(2.) IN nutshell the facts are. Proceedings were initiated on receipt of application of tenant Suryabhan - respondent No. 1, under section 37 of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as " the Act for the purposes of brevity ). After issuance of necessary notices to the parties concerned, statements of both the parties i. e. of the petitioner and the respondent - tenant were recorded and necessary witnesses also have been examined. From the record, it is clear that the said Survey No. 600 is having total area of 20 Acres 11 Gunthas and there were two tenants. Father of the present respondent No. 1 was the tenant on 10 Acres 5 Gunthas of the northern side of the field. Whereas one Tukaram Kurkute was the tenant of the southern portion. There is no dispute as regards the tenancies of these two persons and necessary revenue record indicated entries to that effect.

(3.) SO far as Tukaram Kurkute is concerned, he had already, sometime in the year 1966 surrendered his 10 Acres and some Gunthas land which was with him as a tenant in favour of the present petitioner - landlady. However, in the present petition, this Court is not concerned with the said transaction of 10 Acres. The matter which needs decision in the present case is only with regard to the portion of the field which was in possession of the father of the present respondent No. 1 as a tenant thereon.