DEORAO BAJIRAO Vs. VIKRAM

JUDGEMENT

(1.) By this Writ Petition, the petitioners are challenging the order passed by the Additional Tahsildar, Osmanabad dated 14.03.1988 while answering the reference on tenancy issue by the Civil Court in file no. 1979/Tenancy/99A/32, said order confirmed by the Deputy Collector (Land Reforms), Osmanabad dated 12.03.1993 in file No. 88/TNC/A/22 and also the judgment and order passed by the Designated Member, Maharashtra Revenue Tribunal, Aurangabad (M.R.T.) dated 03.08.1998 in case No. 55/B/93/0 thereby confirming the above mentioned order passed by the Additional Tahsldar in file no. 1979/Tenancy/99A/32 and by the Deputy Collector (Land Reforms), Osmanabad in file no. 88/TNC/ A/22 dated 12.03.1993.

(2.) Brief facts giving rise to the present Writ Petition are as follows:

(3.) On the basis of the evidence adduced by the parties, the learned Additional Tahsildar has observed that there is no evidence that deceased Deorao was cultivating the suit land as on the date of institution of the suit and on the other hand, the documents relating to the consolidation indicates possession of the respondents/defendants over the suit land. Learned Additional Tahsildar has also observed that there is no evidence about tenancy. Learned Additional Tahsildar has also held that there is blood relation between the landlord deceased Dadarao and the original petitioner deceased Deorao Bajirao Thorat. Learned Tahsildar by referring the provisions of Section 5 of the Hyderabad Tenancy and Agricultural Lands Act, 1950, held that since the original petitioner deceased Deorao Bajirao Thorat was a member of the landlord's family, he is not deemed to be a tenant and in case of an undivided Hindu family, the land shall be deemed to be cultivated personally by the landlord if it is cultivated by any member of such family. Even the Deputy Collector (Land Reforms) and the designated Member of M.R.T. have also confirmed the said findings recorded by the Additional Tahsildar.