MOHAN PANDURANG KASHID Vs. ANUSAYABAI

JUDGEMENT

(1.) HEARD Advocate Mr. Gole for the petitioners and Advocate Mr. Thorat for the respondents.

(2.) THE petitioners are the landlords and respondents are the tenants. There is a dispute of tenancy in respect of land bearing R. S. No. 120/2, Gat No. 250, O. H. 2/ Rs. situated at village Khubi, Taluka Karad, District Satara. Dhondiba Kashid and Haranabai Tupe were the original landlords. Dhondiba died in 1959 and Haranabai died in 1979. Haranabai had three daughters, Kamalabai, Anjubai and Manjubai. Kamalabai died in 1979 leaving behind her son Rajaram and daughters, Parubai, Laxmibai and Hirabai, Rajaram died in 1979 leaving behind him his widow Anusayabai and his daughter Noushakka as respondent Nos. 1 and 2 respectively.

(3.) HARANABAI claiming to be a owner filed an application under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Tenancy Act) and an exemption certificate was granted to her. Thereafter on 13-3-1963 Haranabai filed an application for restoration of possession of the suit land along with other lands. The statements of Haranabai and Anusayabai were recorded and Anusayabai stated that she had surrendered the possession of the suit land in favour of Haranabai after the death of her husband, and since then Haranabai was cultivating the suit land. Anusayabai also stated that on the date of her statement, Haranabai was in actual possession of the suit land. Thereafter Tenancy Aval Karkun, Karad allowed Haranabai to retain her possession by his order dated 3-10-1963. Haranabai died in 1979 and her three daughters sold their share in the suit land to petitioner No. 1 and put him in actual possession by sale deed dated 30-6-1981.