MOHIDDIN MAHOMAD SAYYAD Vs. VISHNU MARUTI DIWATE PAWAR

JUDGEMENT

(1.) THIS petition has been filed for quashing the order dated 29th December, 1981 passed by the Additional Commissioner, Pune Division, Pune in No. T. N. C. /352/sa-39. The facts as narrated in the petition may be noticed.

(2.) MOHIDDIN and Shahabuddin were the original owners of the suit land. Shahabuddin died on 20-8-1967. Few days before his death i. e. on 12-8-1967, he gave his share of the lands in dispute by oral gift to his wife Khudejabi for her maintenance. She, therefore, claims to be exclusive owner of the land. This land was leased by Shahabuddin and Mohiddin to deceased Vishnu Maruti Divate. He is succeeded by the respondents. Shahabuddin having died in 1967 and Mohiddin having died during the pendency of the writ petition, are represented by their heirs and legal representatives. Shahbuddin initiated Tenancy Case No. 89-B/1957 for restoration of possession of the suit land. The Tenancy Mahalkari vide order dated 7-5-60 directed restoration of possession of half of the land. This order was successfully challenged by the tenants, in appeal, and the matter was remanded back to the Tenancy Mahalkari. Shahabuddin had also filed applications for exemption certificates under section 88-C of the Act which were numbered as Tenancy Case No. 154/58 and Tenancy Case No. 153/58. On 28th May, 1960 Additional Mamlatdar, Karad granted two separate exemption certificates holding that the annual income of each of the applicants is less than Rs. 1,500/- by separate orders. After obtaining the certificates the landlord instituted fresh proceedings under section 29, read with section 33-B of the Act bearing Tenancy Case No. 101/62. The tenants filed an application under section 88-D (1) (iv) of the Act for revocation of the two certificates. The case was sent to Collector, Satara for recording the evidence and the application was dismissed by the then Commissioner on 29th November, 1970.

(3.) AGGRIEVED by the said order, the tenants filed Special Civil Application No. 242 of 1971 (under Article 227 of the Constitution of India ). This Court on 10th November, 1975 quashed the said order and the matter was remanded back to the Commissioner for taking decision in accordance with law. After receiving the report from Tenancy Aval Karkun, Karad, the Commissioner passed the impugned order dated 29th December, 1981 and the application was allowed and the certificates of exemption granted under section 88-C of the Act were revoked. The present writ petition came to be filed in these circumstances.