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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V.MARNE
Late Kashinath Shivram Bharati alias Gosavi through his Legal Heirs – Appellant
Versus
Laxman Gyanba Bharati alias Giri – Respondent
JUDGMENT :
SANDEEP V. MARNE, J.
1. By this Petition, Petitioners have challenged the judgment and order dated 30 December 2019 passed by the learned Member (Judicial), Maharashtra Revenue Tribunal, Pune, (MRT) dismissing their Revision Application and confirming the order passed by the Sub Divisional Officer, Pune on 16 May 2016.
2. The Sub Divisional Officer (SDO) in turn had dismissed the Appeal preferred by Petitioners and confirmed the order of Tahasildar dated 5 January 2016 setting aside Mutation Entry No.2057. In short, the tenancy claim of the Petitioners in respect of concerned agricultural lands has been negatived concurrently by Tahasildar, SDO and MRT.
3. Briefly stated, facts of the case are that the lands bearing old Survey No.106/2017 (new Gat No.552), old Survey No.106/2013 (new Gat No.538), old Survey No.100 and 101(new Gat No.495), old Survey No.86/1/2,3,4,5 (new Gat No.452) and old Survey No.106/3 (new Gat No.554) at Village -Nimgaon-Mhalunge, Taluka-Shirur, District-Pune are subject matter of the Petition, which are hereinafter referred to as the ‘suit lands’. The suit lands were originally owned by Shankar Kisangir Gosavi, who passed away on 26 November 1931, leavi
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....
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.
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....
Statutory titles established under tenancy laws are binding and preclude claims for partition unless substantial evidence supports joint ownership, failing which civil court jurisdiction is ousted.
Tenancy rights cannot be terminated without due process under the Tenancy Act, and any mutation affecting such rights must follow proper notice procedures.
Civil Courts retain jurisdiction to determine property disputes involving joint family ownership, regardless of individual titles issued under the Tenancy Act.
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.
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