VITHAL BABAJI PAUL Vs. BHOLANATH S. NAVALKAR SINCE DECEASED BY HIS HEIRS SHRINATH S. NAVALKAR AND OTHERS

JUDGEMENT

(1.) This is a dispute between the parties under section 70(b) of the Bombay Tenancy and Agricultural Lands Act. The petitioner made an application for a declaration that he was the lawful subtenant of the Respondents. The Tahsildar granted the application and made a declaration in his favour. The order was confirmed by the Appeal Court. However, when the respondents approached the Maharashtra Revenue Tribunal, the learned Member of the Tribunal took a different view. He came to the conclusion that the petitioner was personally cultivating the lands as alleged by him for the last several years. But his long cultivation will not give him any right to protection of the Bombay Tenancy Act. The revisional application filed by the respondents was allowed and the declaration about sub-tenancy was set aside.

(2.) Mr. Rege, who appears for the petitioner, submitted that the case involves an interpretation of the relevant provisions of the Bombay Tenancy and Agricultural Lands Act and the Tribunal has committed an error of law while construing section 88(2) of the Tenancy Act.

(3.) Mr. Shah for the respondents submitted that the view taken by the Tribunal about the meaning and scope of the relevant section is correct and may be confirmed.