JAIWANT NARAYAN MAIND Vs. DATTATRAYA JAGANNATH LALE

JUDGEMENT

(1.) THIS petition arises out of the proceedings held by the Tenancy Court under section 32-G (as also under section 32-P) of the Bombay Tenancy and Agricultural Lands Act, 1948.

(2.) THE land in question is Survey No. 148/8a admeasuring 1 Acre, 26. 5 Gunthas (pot kharaba 1/2 guntha), situate in village Kilkvi, Taluka Bhor, District : Pune. There is no dispute that the present petitioner admittedly being a tenant in respect of the suit land has been cultivating the land as such from the year 1940 or there about. There is further no dispute that on 1-4-1957 he was a tenant cultivating the land and as such became the owner of the same. The proceedings under section 32-G were held by the Agricultural Lands Tribunal (hereinafter, the A. L. T.) and notices were issued to the parties. The order in that behalf was passed by the A. L. T. on 24-09-1960. Before passing the order, a statement made by the tenant appears to have been recorded. The original statement is before me. It shows that the statement was not recorded on oath. I am referring to this fact because this entire statement and the order passed thereon is surrounded and clouded in great haze and mystery. Rule 17 (2) makes a mandatory provision that the statement of the tenant has got to be recorded to oath. The original statement, which forms part of the record and which is produced before me, shows that it was not recorded on oath. The statement is mysterious in another way as well. In the statement the tenant has categorically stated that he has been cultivating the land for the last 20 years (meaning thereby, from the year 1940 or thereabout ). He further states as follows :---

(3.) WHAT happened thereafter is of the most crucial character. or the full period of 20 years the respondent/landlord (initially his father, the original landlord, and after his death, his son, the present landlord/respondent) did not move his small finger to get possession of the land by making an application under section 32-P of the Tenancy Act. Not only this, but the point is that he has gone on receiving rent from the tenant. I do not wish to express any opinion at this stage on the question as to what is the result of the fact that the rent was received by the landlord. Fact is that he went on receiving rents and there are rent receipts on record produced by the tenant at least till the year 1967. He has also produced assessment receipts till the year 1976. There is no dispute that he continued in possession right till 1980 and he continues to be in possession even till this date. Contention of the present respondents is that right from the date of the order passed in September 1960, the present petitioner became a rank trespasser on the land. He has further filed an Affidavit in this Court that no rent was received by the landlord from the tenant at any time after the passing of the order dated 24th September, 1960. Evidently, this is a blatantly false statement made by this respondent on oath. Mr. Ketkar, appearing for the respondent, who argued the case of the respondent very strenuously, was unable to disagree with the Court when it observed that this is a false plea. He was unable to state that the rent receipts which are very much there on record were not the receipts for rent received from the tenant. In spite of this position, statement is made that no rent is received. As stated above, as to what is the effect of the fact that the rent was in fact received by a person who on the landlords own showing, was a rank trespasser on that date is a different story. Fact remains that such a false statement is made by the landlord knowing the same to be false. I make it clear that I do not want to decide this question on the basis or by virtue of the influence of the fact that such a false statement is made. Point is that the tenant has gone on paying rent and both parties have conducted themselves vis-a-vis the land in such a manner as in the order dated 24th September, 1960 did not ever exist and this position continued right till the year 1980.