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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Laxman Daji Varnekar – Appellant
Versus
Thaku Govinda Shinde – Respondent
JUDGMENT :
1) Petitioners have filed this petition challenging the judgment and order dated 19 April 1997 passed by the Maharashtra Revenue Tribunal (Tribunal) allowing the Revision Application filed by the Respondents and setting aside the order dated 28 February 1992 passed by the Sub-Divisional Officer, Satara (SDO). The SDO had allowed the Appeal filed by the Petitioners and had set aside the order dated 29 June 1985 passed by the Tenancy Awal Karkoon, Satara holding that Petitioners are now the tenants of the land under the provisions of Section 70(b) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (the Act). The order was passed by the Tenancy Awal Karkoon in a Reference made to him by the Civil Judge Junior Division under the provisions of Section 85A of the Act in Regular Civil Suit No.92/1977.
2) Agricultural lands bearing Survey No.705/1, 702/5, 705/13 situated at Village-Limb, Taluka and District-Satara are the subject matter of the present case, which are hereinafter referred to as ‘the suit lands.’ The suit lands were originally owned by Mahadu Mali who had two sons, Krishna and Hari. It appears that Hari did not have any issues whereas Krishna had one daught
Lawful cultivation establishes deemed tenancy status under the Maharashtra Tenancy Act, irrespective of documentary evidence like rent receipts.
Lawful cultivation is essential for deemed tenancy under Section 4(1) of the Tenancy Act; mere possession does not confer tenancy rights.
Tenancy – Mere entry of a non-occupancy tenant is not sufficient to determine tenancy and court has to look to column of rent to determine whether tenancy existed or not.
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
The main legal point established in the judgment is the restricted nature of the revisional jurisdiction of the Maharashtra Revenue Tribunal (MRT) under Section 76 of the Maharashtra Tenancy and Agri....
The court established that admissions made in legal affidavits are binding and can negate claims of tenancy, particularly when supported by prior legal rulings that have attained finality.
The court affirmed that the protected tenant's rights under the Tenancy Act cannot be overridden by private agreements or settlements that do not comply with statutory requirements.
The main legal point established in the judgment is the interpretation of Section 4 of the Agricultural Tenancy Act, which deems a person lawfully cultivating land to be a tenant, and the strict inte....
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