RAMRAO GANPAT PATIL Vs. NANDINI BHALCHANDRA KULKARNI

JUDGEMENT

(1.) IN Tenancy Case No. 20 of 1988, the A. L. T. , Amalner, District Jalgaon allowed the application made by the respondents under section 32-P of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act) and directed eviction of the petitioners from the land in dispute. This order was confirmed by the Sub-Divisional Officer, Amalner in Tenancy Case No. 2 of 97 and the appeal filed by the petitioners was dismissed. The petitioners then preferred a revision application being TEN/125/97 before the Maharashtra Revenue Tribunal but, the same came to be dismissed on 11-11-1997. Feeling aggrieved thereby, the petitioners have now filed this writ petition under Article 227 of the Constitution of India and sought quashing and setting aside of all the three above mentioned orders. The relevant facts necessary for appreciating the dispute are in brief, as under:

(2.) THE dispute between the parties relates to an agricultural land bearing Gat No. 205 (previously Survey No. 103) admeasuring 3 Hectares and 2 Ares of village Sonkhed, taluka Amalner. Previously, this land was jointly owned by two brothers namely Ramchandra Madhav Bangali and Purushottam Madhav Bangali. Purushottam Bangali died some time in 1926-27 leaving behind him his widow Ramabai and two minor daughters Tungbhadra and Malati (respondents Nos. 1 and 2 ). On 13-1-1928, Ramchandra executed a registered deed of maintenance whereby the above mentioned land was given to Ramabai and her two minor daughters in lieu of their maintenance.

(3.) ONE Ganpat Lahanu Patil, the predecessor in title of the petitioners, was a tenant in the land and he was in possession thereof as such on the tillers day i. e. 1-4-1957. The land was the Inam land Class-V. After abolition of the Inams, it was regranted to Ganpat in 1959 on payment of Rs. 4,120/. It appears that Ramabai however, preferred an appeal before the Revenue Commissioner, with the result of that, the earlier order was set aside and the land was regranted in her favour.