RAGHUNATH ANNA SHEVATE Vs. BAPU MAHADU BANKAR

JUDGEMENT

(1.) The petitioners are the dones of the disputed land s. No. 56/15 (block No. 293 ) situated at Bhuinj, taluka Wai and Satara district, admeasuring 1-A 6-G, The two respondents admittedly have been tenants of the land for more than 40 years prior to the present proceedings.

(2.) The proceedings were initiated by the landlords for fixation or the reasonable rent u/s. 43C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act'). It is alleged in the petiton that the land was leased to the respondets by the original donors for growing Gauva fruits therein and as such the same were covered by s.43A(1)(b) of the Act. The tenants resisted this application mainly on the ground that they had become statutory owners of the land u/s. 32 of the Act, after the landlord's earlier application for possession ulss. 31/29 was rejected on 29-10-1957. They also denied that lease of the land in their favour was for the purposes of growing fruits.

(3.) By his order dt. 30 -9 -1972, the T. A. K., Wai, rejected the landlords application. He firstly held that there was no evidence to support landlord's allegation that the suit land was given to the tenants for plantation of gauva fruits. He also held that after the decision in landlord's proceedings u/ss. 31/29, the relationship of landlord and tenant between the petitioner and the respondents had come to an end. By wayof precaution, he also recorded a finding that the reasonable rent could be Rs. 27- or 28 / -