VITHAL SHANKAR DOKHE Vs. BHAVDU SAKHARAM DOKHE

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned counsel for the Respondent No. 3a to 3c.

(2.) By this petition, the petitioner takes exception to the judgment and order passed by the Maharashtra Revenue Tribunal whereby the Tribunal was pleased to set aside order passed by the Tahsildar and Sub-Divisional Officer and was pleased to declare the respondents to be deemed purchasers of the suit lands under the Tenancy Act with the further directions directing the Tahsildar to take further action in the matter. As found in the many of the tenancy cases, this case has a chequred history and therefore, it is essential to give a brief background of the dispute between the parties.

(3.) Suit land Survey No. 321/3 admeasuring 73 acres and Survey No. 321/6 admeasuring 56. 4 acres situated at village Nandgaon Bk. Taluka Igatpuri, Dist : nasik, originally belonged to Smt. Bakubai Sawaliram Bhoir. She was the landlady. One Bhavdu Sakharam Dokhe was a tenant of the suit lands. Initially, proceedings under section 32g of the Bombay Tenancy and Agricultural Lands act (hereinafter referred to as the said Act) were initiated and were dropped since the landlady was a widow and that she was a disabled person. In view of provisions of section 31 and section 32f of the said Act, tenancy proceedings were postponed. On 3-6-1970, the suit lands were gifted away by the landlady through a gift deed to Vithal Shankar Dokhe who is the petitioner herein. A suit was filed by the respondents herein in the Civil Court for declaration that the respondents herein are not tenants to the said land and for other reliefs. Civil court referred two issues pending in the Court namely (A) whether the defendant proves that he has become a tenant purchaser of the suit land, (b) whether he further proves that he is a tenant of the suit land. After matter was referred to the tenancy Court, the Tahsildar answered both these issues in the negative and held that the respondents are not tenant purchasers of the said land. Assistant collector reversed the said findings recorded by the Tenancy Court and held that the respondents had become tenant purchasers under the provisions of said Act. A Revision application of the petitioner herein was also dismissed and the order of the Assistant Collector was confirmed. However, Maharashtra Revenue tribunal apart from confirming order of the Assistant Collector made following observations : "as it is finally held today that opponents are the tenants of the suit lands, they will given an intimation to the landlord and the Tribunal in the prescribed manner as laid down in section 32f (1a) of the Tenancy act, within one year from today in order to enable them to exercise their right of purchase of the suit lands under section 32g of the Tenancy act".