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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Sharmila U. Deshmukh, J.
Arun Atmaram Rumade – Appellant
Versus
Shankar Gopal Bandiwadekar – Respondent
THE CHALLENGE:
2. Both these Writ Petitions are directed against the order dated 2nd August, 2019 passed by the Maharashtra Revenue Tribunal (for short, "MRT") in Tenancy Revision No 248 of 2017. Writ Petition No.135 of 2021 is filed by the Respondent-landlord being aggrieved by the impugned order granting tenancy status in respect of three suit properties. Writ Petition No.815 of 2020 is filed by the Applicant- Tenant, aggrieved by the impugned order to the extent that it rejects the claim of tenancy in respect of the other seven properties. Common submissions were advanced in both the petitions as identical issues arise for consideration and are being disposed of by this common judgment.
FACTUAL MATRIX :
3. The proceedings arose out of a Tenancy Application No.113 of 1981 filed by the Applicant's father under Section 70(b) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (for short, "Tenancy Act") claiming tenancy in respect of 10 properties i.e. the Survey Nos.8/13, 13/3, 13/34, 14/
Lawful cultivation is essential for deemed tenancy under Section 4(1) of the Tenancy Act; mere possession does not confer tenancy rights.
Lawful cultivation establishes deemed tenancy status under the Maharashtra Tenancy Act, irrespective of documentary evidence like rent receipts.
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....
The court established that tenancy rights can be terminated not only by efflux of time but also by changes in land use as per statutory provisions.
The central legal point established in the judgment is the significance of the exemption certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, in determining proc....
Brother cultivating widow's land is 'member of owner's family' under tenancy law Section 4(1)(a), excluding deemed tenancy absent tenancy proof; Section 32F protects widow's retained lands from tenan....
Brother cultivating widowed sister's land is family member under Section 4(1)(a), not deemed tenant without proof of tenancy; widow's retained lands protected under Section 32F. Concurrent findings u....
The presumption of tenancy under the Maharashtra Tenancy and Agricultural Lands Act requires proof of lawful cultivation on the 'tillers day,' which the petitioner failed to establish.
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.
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