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2018 Supreme(Bom) 228

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, J.
Kondu Thaku Chavan, (since) deceased) & Others - Petitioners
Versus
Ashok Shankar Chavan & Others - Respondents
Writ Petition No. 11631 of 2013
Decided On : 21-02-2018

Advocates Appeared:
For the Petitioners:G.S. Hegde i/b Sunil K. Chinchalikar, Advocates.
For the Respondent:S.H. Kankal, A.G.P., G.S. Godbole i/b Sunit S. Kothari, Advocates.

Headnote:

Maharashtra Tenancy Agricultural Land, 1949 - Bombay Tenancy and Agricultural Lands Act, 1948 - Section 85 - Constitution of India,1950 - Article 227 - Impugned the order - Issue of tenancy in respect of suit lands – Tenancy - It is case of respondents that grand- Father of respondents was tenant of agricultural land bearing survey and old survey and also survey bearing old survey no -4/16 of village Haveli District and said tenancy continued till 1st April when grand-father of respondents became deemed purchaser of suit land - Some time in year petitioner had filed Regular Civil Suit of in Civil Court against father of respondents for redemption of suit land - father of respondents had filed written statement in said suit and had contended that he was tenant in suit land since long back prior to – Held, In this case neither it was pleaded by petitioners at any stage that land in question which was land was held by petitioners as for service useful to government - In Court view tenancy of predecessors of respondents prevailing as on 01st April 1957 does not come to an end on of re-grant of land by Government in favor of petitioner with effect from 01st August 1959 - No fresh tenancy is created on - Supreme Court in case of supra) this Court in case of (supra) and in case & Ors - (supra) have construed an identical provision and has held that section 32(O) of BT & AL Act would not be attracted - Existing tenancy as on deem that will continue and tenants are entitle to apply for determination of purchase price of such land based on deemed ownership under section 32-G of BT & AL Act - In my view aforesaid judgments squarely apply to facts of this case - Writ Petition is dismissed

JUDGMENT :

1. By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 14th June, 2013 passed by the Maharashtra Revenue Tribunal, Pune allowing the said Revision Application and setting aside the order passed by the Sub- Divisional Officer, Pune in Tenancy Appeal No.31 of 2001 dated 28th February, 2003 and the order passed by the Additional Tahasildar and ALT Haveli (Pune) in Case No.32-G/SR/22/2001 dated 18th July, 2001. Some of the relevant facts for the purpose of deciding this petition are as under :

2. It is the case of the respondents that the grand-father of the respondents Rakhama Bhiva Chavan was the tenant of the agricultural land bearing survey no.7/4 and old survey no.5/4 and also survey no.6/16 bearing old survey no.4/16 of village Dehugaon, Taluka Haveli, District Pune and the said tenancy continued till 1st April, 1957 when the grand-father of the respondents became deemed purchaser of the suit land. Some time in the year 1968, the petitioner had filed Regular Civil Suit No.375 of 1968 in the Civil Court, Pune against the father of the respondents for redemption of the suit land. The father of the respondents had filed the written statement in the said suit and had contended that he was the tenant in the suit land since long back prior to 1st April, 1957. The Civil Court accordingly made a reference under section 85 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short “BT & AL Act”) to the Tahasildar, Haveli to decide the issue of tenancy in respect of the suit lands.

3. Tenancy Case No.10 of 1974 was initiated before the learned Tahasildar. By an order dated 2nd February, 1979, Tahasildar held that the father of the respondents viz. Shankar Rakhmaji Chavan was the tenant in respect of the suit land even prior to the year 1941-1942. The said order was challenged by the petitioner vide Appeal bearing No.TA 44 of 1979 before the Assistant Collector, Pune. By an order dated 15th January, 1983, the said appeal was dismissed by the Collector. The petitioner thereafter filed a Revision Application No.MRT/P/IV/11 of 1983 before the Maharashtra Revenue Tribunal challenging the order dated 15th January, 1983. By an order dated 15th April, 1986, the said revision application was dismissed. It was held in the said order that there was no proof of mortgage as alleged. There was sufficient proof of creation of tenancy. The petitioner did not challenge the said order dated 15th April, 1986 passed by the Maharashtra Revenue Tribunal. By an order dated 17th December, 1997 in view of the order passed by the Maharashtra Revenue Tribunal, the aforesaid suit No.376 of 1968 filed by the petitioner came to be dismissed.

4. The respondents filed an application under section 32-G of the BT & AL Act for fixation of the price in respect of the suit land. Learned Additional Land Tahasildar, Pune passed an order dated 18th July, 2001 dismissing the said application filed by the respondents and held that the suit lands were Mahar Watan lands and the same were re-granted to the petitioner on 1st August, 1949 and thus the provisions of the Maharashtra Tenancy Agricultural Land, 1949 were not applicable.

5. Being aggrieved by the said order dated 18th July, 2001 passed by the Additional Land Tahasildar, Pune, the respondents filed an Appeal No.Tenancy/Appeal/31 of 2001 before the learned Sub-Divisional Officer, Pune. By an order dated 28th February, 2003, learned Sub-Divisional Officer dismissed the said appeal filed by the respondents and held that since the respondents had not exercised their rights for purchase of the suit land within one year from the date of the re-grant in favour of the petitioner, the respondents were not entitled to apply for fixation of the price of the suit land under section 32-G of the BT & AL Act.

6. Being aggrieved by the said order dated 28th February, 2003, the respondents filed a Revision Application No.P/IV/12/2003 before the Maharashtra Revenu



































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