GANPAT MANOJI LOHANKAR Vs. DATTA BASAPPA CHINCHOLKAR

JUDGEMENT

(1.) THESE two writ petitions can be disposed of conveniently by this common judgment. Reference to the parties would be as in the writ petition No. 2404 of 1983. The petitioner claims that he was a tenant; of the suit fields upon the relevant dates under Sections 46 and 49-A Of the Bombay Tenancy and Agricultural Lands (Vidarbha Region)Act, 1958 (for short the Tenancy Act' ).

(2.) BRIEFLY, the facts are that the field S. No. 47/3 admeasuring 3 acres 15 gs. and field S. No. 57/1 admeasuring 6 acres 15 gs. both of village Chincholi were originally owned by one Bhujang of whom the respondents 2 to 6 are the legal representatives During the years 1958-59 and 1959-60, it is not in dispute that the respondent No. 1 was a tenant of the suit fields. It is also not in dispute that in the year 1960-61, the said fields were cultivated by the original landlord Bhujang. However, he leased out the suit fields to the petitioner in 1961-62 to 1963-64. Thereafter, the said fields were cultivated personally by the original owner Bhujang. It thus appears that the petitioner was also dispossessed by the aforesaid original landlord Bhujang who was in possession of the suit fields on 31-7-1969.

(3.) SUO motu proceedings were initiated under Section 46 of the tenancy Act before the Additional Tahsildar and the Agricultural Lands tribunal (for short the A. L-T.) in the year 1965 as per Revenue Case no. 1040/59 (13)/64-65 and Revenue Case No. 1045/39 (13)/64-65 of village chincholi in respect of the fields Serial Nos. 47/3 and 57/1 admeasuring 3 acres 15 gunthas and 6 acres 15 gs. respectively. Originally by its orders dated 14-10-1969, the learned A. L. T. held in each of the above cases that the petitioner was the statutory owne of the suit fields. It, therefore, fixed the purchase price for the same. However, the respondent No. 1, i. e. the original tenant filed appeals before the learned Sub-Divisional Officer (for short the S. D. O.) against the aforesaid orders of the learned A. L. T. dated 14-10-1969. He also filed separate applications under Section 49-B of the Tenancy Act for restoration of possession and for conferral of rights of ownership in regard to the aforesaid fields. The cases under section 49-B of the Tenancy Act are registered as Revenue Case No. 4/59 (14)/74-75 and Revenue Case No. 1/59 (13)/76-77 both of village Chincholi these applications under Section 49-B were dismissed by the learned a. L. T. Hence, two appeals were preferred by the respondent No. 1 against the aforesaid orders also. In all these aforesaid appeals, the learned s. D O by his order dated 28-6-1978, set aside the aforesaid orders of the learned A. L. T. and remanding to it the said proceedings, directed that the applications filed by the respondent No. 1 under Section 49-B should be first enquired into and decided according to law.