GANGUBAI GANPATI MENKUDALE Vs. VANAPPA SHEKAPPA MANG

JUDGEMENT

(1.) These petitions have been filed challenging the order passed by the Maharashtra Revenue Tribunal in Revision Application Nos. MRT-SH-VIII-6 (Tnc.B.179/88) and MRT-SH-VIII-7/88 (Tnc.B. 180/88). The petitioner in both the petitions claims to be the landlord of agricultural lands being Gat Nos. 59/3 and 7/73. These lands originally belonged to the mother of the petitioner, Gangubai Menkudale. The lands were cultivated by one Shekappa Malappa Mang prior to 1.4.1957. Proceedings under section 32-G of Bombay Tenancy and Agricultural Lands Act, 1948 (for short, the Act) were initiated by the Tehsildar and ALT of Mangalvedha on 30.9.1960. The original tenant according to the petitioner showed his unwillingness to purchase the suit lands which was recorded by the Tehsildar. In the circumstances, it was ordered that the sale of the suit lands under section 32-G was ineffective because the tenant was unwilling to purchase the suit lands.

(2.) About 14 years later, on 24.7.1974, the Tehsildar passed an order under section 32-P of the Act and directed that the suit land should be restored and handed over to the petitioner. This order was set aside on 10.8.1975 in Appeal No. TAP-113 of 1975. The matter was remanded to the Tehsildar, Mangalvedha for a fresh enquiry.

(3.) Prior to this in 1968, Gangubai had filed a civil suit being RCS No. 80 of 1968 before the Civil Judge, Junior Division, Mangalvedha, District Solapur for possession of the suit land. The respondents contested the suit and contended that they were cultivating the suit land as tenants and were therefore deemed purchasers of the suit land. An issue was framed by the Civil Court with respect to the tenancy of the lands and the same was referred under section 25-A of the Act to the Additional Tehsildar, Mangalvedha. The issue referred was as follows: