(59)-WP-2193-21.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.2193 OF 2021

WITH

INTERIM APPLICATION NO.427 OF 2021

Tukaram S/o Gangaram Waghchaure & Anr.

..Petitioners

Versus

Ragunath Jagannath Jondhale & Ors.

..Respondents

Mr. Shrirang Katneshwarkar i/by Prashant Katneshwarkar

and Abhijit Avhad, for the Petitioners.

Mr.

Anilkumar Patil i/by Rohan D. Kaiche,

for the

Respondent Nos.1 to 9.

Mr. C. D. Mali, AGP for the Respondent No.10.

CORAM : NITIN W. SAMBRE, J.

RESERVED ON : 18^th JULY, 2022.

PRONOUNCED ON : 16^th SEPTEMBER, 2022.

P.C.

1.

The present petition is by alleged tenant under

the provisions of Maharashtra Tenancy and Agricultural

Lands Act, 1948 (hereinafter shall be referred to as “the

Act” for the sake of brevity). The petitioners/tenants have

questioned the legality and validity of the order and

judgment dated 14^th

February, 2020 passed by the

Maharashtra Revenue Tribunal, Mumbai in Revision

No.TNC/REV/NSK/07/2018 and declaration that the

property which is subject matter of aforesaid revision

(hereinafter shall be referred to as “the suit land”

BGP.

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BALAJI

GOVINDRAO

PANCHAL

Digitally signed

by BALAJI

GOVINDRAO

PANCHAL

Date:

2022.09.21

14:25:19

+0530

(59)-WP-2193-21.doc.

consisting of Gat No.394 admeasuring 1.91 hector is the

property of petitioners as per provisions of Section 32G of

the Act).

2.

The facts necessary for deciding present petition

are as under :-

The aforesaid suit property was earlier having

Survey No.237 which was owned by Smt. Bhagubai

Shivram Jondhale, a widow who expired on 9^th March, 1964.

The petitioners are claiming to be tenant over the suit

property alleging that in view of social status of the

landlady being a widow as the tillers day was postponed, a

proceeding under Section 32G of the Act was taken out for

determination of purchase price before the Agricultural

Lands Tribunal/Tahsildar on 29^th January, 1987. The said

application was allowed by Tahsildar on 28^th October, 1988.

Respondents feeling aggrieved preferred Tenancy Appeal

No.16 of 1988 before the Sub Divisional Officer who vide

order dated 26^th June 1989 set aside the order. The said

order was challenged before the Maharashtra Revenue

Tribunal.

3.

The Maharashtra Revenue Tribunal in Tenancy

Appeal No.250 of 1989 preferred by the present petitioners

rejected the challenge raised by the petitioners and the

order of Sub Divisional Officer was affirmed.

BGP.

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(59)-WP-2193-21.doc.

4.

It appears that the aforesaid order passed by the

Maharashtra Revenue Tribunal rejecting prayer of the

petitioners moved under Section 32G was subject matter

of challenge in Writ Petition 1167 of 1993. The said writ

petition was dismissed in default on 10^th October, 2006, so

also Restoration Civil Application No.379 of 2018 on 5^th

July, 2019.

It appears that the respondents i.e. legal heirs of

deceased Smt. Bhagubai Shivram Jondhale took out

proceedings under Section 32P of the Tenancy Act on 20^th

April, 1987.

5.

The said proceeding i.e. tenancy proceedings

under Section 32G of the Act were answered against the

present petitioners.

6.

As such, the claim of the petitioners moved

under Section 32G of the Act has attained finality.

7.

In the 32P proceedings referred above, vide

Tenancy Case No.1 of 2014, the petitioners were directed

by the Agricultural Lands Tribunal to hand over possession

of the suit land to the respondents. The said order dated

16^th April, 2016 was confirmed by Sub Divisional Officer in

Tenancy Appeal No.81 of 2016 preferred by the present

petitioners vide order dated 22^nd November