SHANKAR SAVANTA BANDAGAR Vs. SONABAI RAU KAMALAKAR

JUDGEMENT

(1.) This petition which relates to the tenancy rights of a tenant of sanadi inam land has been referred to the Division Bench because the learned Single Judge had doubted the correctness of the view taken by V.S. Desai, J. in (Shripati Mane v. Shamrao Jagdale), 18 Tenancy Law Reporter, page 137. Really speaking the controversy which is raised in this petition is concluded by the decision of the Supreme Court in Civil Appeal No. 475 of 1973 (Pandurang Dnyanoba Lad v. Dada Rama Mehte), decided on 24th, February, 1976 reported in 25 Tenancy Law Reporter, page 2. It does not appear that this decision of the Supreme Court was brought to the notice of the learned Single Judge.

(2.) The petitioner admittedly hold Survey No. 274 (6 acres 35 gunthas) of village Pattan-Kudoli in Hatkanangale taluka of Kolhapur district as sanadi inam land. The field was jointly cultivated by two tenants Sitaram and Gopala, who are now represented by their heirs who are respondents in this petition. Admittedly both the tenants were cultivating the land prior to 1st April, 1957. According to the petitioner, Sitaram had surrendered his rights prior to 1st April, 1957. There is some dispute as to the data on which the tenancy rights were surrendered, but it is not in dispute that the surrender was verified and was found to be voluntary by the Tahsildar by an order dated 7th August, 1958. The petitioner claims to be in possession of half share of the land surrendered by Sitaram. According to the petitioner, proceedings under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Tenancy Act") were taken from time to time for determination of purchase price for the purposes of transferring statutory ownership to the tenants, but those proceedings were dropped. In the meantime, the Bombay Merged Territories Miscellaneous Alienations Abolition Act, 1955 (hereinafter referred to as "the Abolition Act") had come into force. Under section 4 of the Abolition Act the inam granted to the petitioner came to be abolished and the land was regranted to him under section 7 of the Abolition Act..

(3.) The original tenant Sitaram then applied for determination of the purchase price under section 32-G of the Tenancy Act. The Agricultural Lands Tribunal by an order dated 3rd January, 1972 held that Sitaram having already given up his tenancy rights, no order under section 32-G could be passed in his favour in respect of the portion of the land of which he was earlier a tenant. The other tenant Gopala was held entitled to purchase the land and by an order dated 3rd January, 1972 the tillers day was held to be 23rd July 1971, i.e., the day on which the regrant was made in favour of the petitioner. The purchase price was also determined.