BASAVVA Vs. MOHAMMAD SULTAN WATANGI

JUDGEMENT

(1.) The petitioner Smt. Basavva w/o Virbhadra is a widow, her husband having died on March 15, 1954. She was only two daughters and no son, and therefore, she resides with the family of her brother Gangadhar Sakhare.

(2.) The disputed land is Survey No. 55/3, admeasuring 11 acres, 12 Gunthas, situated at Village Nesari in Gadhinglaj Taluka. The disputed land originally belonged to her late husband and she came in possession of the said land as a land-holder after the demise of her husband. The respondent Mohammad Sultan Wetangis name was entered in the record-of-rights along with Sakhare in respect of the disputed land. In the year 1971, the Special Tahsildar, Gadhinglaj, commenced proceedings under section 32(1-B) of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the Bombay Tenancy Act). It appears that the Special Tahsildar, Gadhinglaj, recorded the statements of the petitioner, the respondent and some other persons. It is not clear from he record as to whether the said statements were recorded in the presence of the respective parties as there is no cross-examination by the respective party of the witnesses produced on their behalf. The learned special Tahsildar, having inquired into the matter, came to the conclusion that respondent was a tenant, and he was in possession of the disputed land on June 15, 1955, and he was dispossessed by the landlady before 1-4-1957. It was further found that the disputed land was not converted to N.A. user. While deciding Issue No. 3, the learned Special Tahsildar has observed as under :---

(3.) The petitioner, feeling aggrieved by the aforesaid judgment and order of the Special Tahsildar, preferred an appeal to the learned Assistant Collector, who, while allowing the appeal observed :