IN THE HIGH COURT OF JUDICATURE AT BOMBAY
HON'BLE SHRI JUSTICE SANDEEP V. MARNE
Rangrao Mahadu Pethkar – Appellant
Versus
Sadashiv Maruti Vibhute (Since Deceased Through Heirs And L.rs.) – Respondent
JUDGMENT :
1) These petitions are filed by Petitioner challenging the order dated 30 December 1997 passed by the Maharashtra Revenue Tribunal, Pune (MRT) in Revision Application Nos.43 of 1997 and 38 of 1997. The MRT, by its order dated 30 December 1997, has allowed Revision Application No.38 of 1997 filed by Respondent Nos.1 to 3 and has dismissed Revision Application No.43 of 1997 filed by the Petitioner and has set aside the order passed by Sub Divisional Officer (SDO) dated 21 March 1997 by which the SDO had remanded the proceedings to Tahsildar for fresh enquiry. The MRT has allowed the application filed by Respondent Nos.1 to 3 and has directed restoration of possession of the land in their favour by taking it out from possession of the Petitioner. In short, the impugned order passed by the MRT has resulted in loss of possession of the tenanted land by the Petitioner and restoration thereof in favour of Respondent Nos.1 to 3.
2) Agricultural land bearing Gat No.399 admeasuring 1 H 39 R situated at Village-Yedemachindra, Taluka-Walwa, District- Sangli is the subject matter of the present Petition (agricultural land). The predecessors of Respondent Nos.1 to 3 were the owners in r


The court upheld the MRT's decision restoring possession of agricultural land, confirming the tenant's default in rent payment and validating the termination notice despite missing documentation.
A tenant's consistent failure to pay rent for three years, with proper notice, justifies termination of tenancy under the Maharashtra Tenancy and Agricultural Lands Act.
The court affirmed that tenants' failure to cultivate leased land justified termination under the Maharashtra Tenancy and Agricultural Lands Act, and the doctrine of frustration does not apply to lan....
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....
The landlord's entitlement to resume land for personal cultivation is subject to the conditions mentioned in Section 33B(5)(b) of the Bombay Tenancy and Agricultural Lands Act, 1948. In cases of join....
Lawful cultivation is essential for deemed tenancy under Section 4(1) of the Tenancy Act; mere possession does not confer tenancy rights.
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 central legal point established in the judgment is the mandatory requirement for tenants to send intimation of purchase to the landlord within the prescribed period after the death of the landlad....
Lawful cultivation establishes deemed tenancy status under the Maharashtra Tenancy Act, irrespective of documentary evidence like rent receipts.
The tenant's right to purchase tenanted land is contingent upon timely notification by the landlord of attaining majority, and failure to initiate proceedings within the stipulated period results in ....
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