GOVIND BABU KHOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners are aggrieved by the order passed by the Maharashtra Revenue tribunal by which the revision application filed by the petitioner has been dismissed. The orders passed in Tenancy Appeal No. 65 of 1982 on 21-8-1986 and Tenancy Case No. Amanapur/ER 27/218 on 10-9-1982 are confirmed by this order. The Tribunal has held that the proceedings under the provisions of section 84C(3) should be initiated.

(2.) The petitioners are concerned with Gat No. 913 admeasuring 2 hectares and 11 ares situated at village Amnapur Taluka Tasgaon Sangli. One Narhar Narayan Gulavani was the original owner of this land. Ganoo Dnyanu Mali was the tenant. Govind Babu Khot was his sub-tenant. The petitioners are the heirs of Govind Babu Khot.

(3.) Proceedings were initiated by the landlord under section 70B of the Bombay Tenancy and Agricultural Lands Act against the original tenant. That matter was compromised and Mali was accepted as a tenant. He purchased half the land and surrendered the other half to the landlord. The petitioners' predecessor was in possession of the land even prior to the proceedings initiated under section 32G. Since the tenant was unable to purchase the property, the petitioners' predecessor - Khot paid the purchase price fixed under 32G to the original tenant so that he could purchase the land on his behalf. An agreement of sale was entered into between the tenant and sub-tenant i.e. Govind Babu Khot and a consideration of Rs. 10,000/- was paid by him. An application was preferred by both the tenant and Khot before the Collector for permission to sell the land to the the latter. There was no communication from the Collector. Thereafter, on 24-10-1977, the tenant executed a registered sale deed in favour of Govind Khot for the sum of Rs. 15,000/-. After purchasing the land the petitioners have incurred expenditure of about Rs. 27,000/- towards improvements of the land including laying of pipelines, installing an electric motor, etc.