DNYANESHWAR BHALCHANDRA JAMDADE Vs. KUMAR BABU SINAMWANE

JUDGEMENT

(1.) The land involved in the present dispute is survey No.38/3 which admeasures about one acre and 5 gunthas in village Malshiras, District Solapur. Kondi Bapur Mahar, the father of Respondent Nos.2 and 3 was the landlord of the aforesaid suit land. He sold the land to Respondent No.4 who in turn sold it to the petitioner. The father of Respondent No.1 was a tenant on that land from 1951-1952 to 1955-1956. The possession of the land was handed over to the landlord in 1956, according to the petitioner. Thereafter the landlord continued cultivating the land, personally. In 1970-71, the Additional Tehsildar, Malshiras initiated an enquiry u/s 32(1B) of the Bombay Tenancy & Agricultural Lands Act (for short, 'BT&AL Act') suo moto. The tenant's statement was recorded and according to the petitioner, he had expressed his inability to purchase the land. A copy of this statement has been annexed to the petition. The statement of the landlord was also recorded by the Tehsildar.

(2.) The father of Respondent Nos.2 and 3 i.e. the landlord sold the land to Respondent No.4 on 12.3.1973.

(3.) Tenancy Appeal NO.86 of 1973 was filed before the SDO. This appeal was allowed on 7.3.1974 and the matter was remanded to the Tehsildar. The Tehsildar then held an enquiry again and by an order dated 31.12.1979 reiterated his earlier order and directed that the possession of the land should be withdrawn from the landlord and the tenant should be restored the possession of the land. The Tehsildar further directed that the tenant should get the purchase price fixed u/s 32G of the BT&AL Act.