SUHASINI GOPINATH DADKAR Vs. RABHAJI GANGARAM NAIKWADI

JUDGEMENT

(1.) This is a writ petition filed by the heirs of Dattatraya Mahadeo Kamble, who along with respondent no. 2 was the original landlord of Survey No. 41 admeasuring 10 acres 24 gunthas land, situated at village Kauthe Malkapur, Taluka Sangamner. Respondent no. 1 Rabhaji Gangaram Naikwadi is the tenant of the suit property. The original landlord Dattatraya Mahadeo Kamble expired. Original petitioner Suhasini Gopinath Dadkar was his daughter who is also now deceased and represented by her legal representatives.

(2.) The petitioners challenge the order passed by the Designated Member, Maharashtra Revenue Tribunal, Pune-1 in Case No. MAT.AH.XII.5/90(TNC.B.358/90) Pune-1, decided on 6.3.1995; whereby he confirmed the order passed by the Additional Tahsildar and A.L.T. Sangamner in Tenancy Case No. 32-G/10/81 decided on 30.3.1983, as confirmed in Tenancy Appeal No. 23/83 decided by the Sub-Divisional Officer, Sangamner Division, Sangamner on 30.7.1990; whereby it is declared that respondent no. 1 is tenant-purchaser of the suit property under provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as, "the Tenancy Act").

(3.) In this case, Shri S.D.Kulkarni, advocate appearing on behalf of the petitioners stated that there was surrender of land and possession was taken over by the landlords. He referred to R.T.S. proceedings bearing R.T.S. Appeal No. 21A/81, copy of which is produced on record as Exh. C with the petition. It is stated regarding surrender that there was mutation entry no. 711 dated 31.11.1960. So one thing is very clear that the so called surrender was subsequent to the Tillers day i.e. 1.4.1957. Learned advocate Shri Kulkarni stated that the surrender was in about 1959.