LIMBAJI SHANKAR MUNDE Vs. BHAURAO BALIRAM MUNDE

JUDGEMENT

(1.) Petitioner is raising challenge to the concurrent orders passed by all the three tenancy authorities below while rendering decision on application tendered by respondent no. 1 herein.

(2.) Respondent no.l presented an application to the Additional Tahsildar, Ambajogai on 911986 claiming recovery of possession of the tenanted agricultural property. According to respondent no. 1, he was tenant in respect of land admeasuring 17 gunthas out of survey no. 101 situate at village Revli, Tq. Majalgaon. He was also declared as owner under section 38 of the Hyderabad Tenancy and Agricultural Lands Act. Ownership certificate was also issued in his favour and he deposited the purchase price with Tahsil office on 2831981. It is the contention of the respondent that he was issued ownership certificate on 1661981 by tenancy authority which came to be registered with the registering authority by him. He further contends that he was dispossessed prior to 1 21957 and the respondents in the application before the Tahsildar have enforced their possession. Respondent/original applicant therefore claims recovery of possession of the property by dispossessing the persons who have enforced possession over the property.

(3.) Application was opposed by the respondents before the Tahsildar including the petitioner herein by filing written say. It is the contention of the nonapplicants that the property belonged to Bhivsen Mundhe and his two other brothers by name Arjun and Narayan. They agreed to sell the same in favour of original nonapplicant no.2/petitioner herein and put him in possession. It is also contended by the nonapplicants before the Tahsildar that the applicant has lost possession since more than 30 years back and as such he cannot claim recovery of possession. Nonapplicants also dispute correctness of the ownership certificate issued in favour of applicant/respondent no.l herein.