Case Note & Summary
The petitioner, Vidarbha Maharogi Seva Mandal, a public trust, filed an application under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, for recovery of possession of agricultural land from the legal heirs of the deceased tenant, Bhagwansingh and his wife Badamibai. The land was gifted to the trust in 1950, and the trust was registered in 1961-1962. The original tenants died in 1984 and 2001 respectively. The Tahsildar allowed the eviction application on 9-5-2003, and the appeal was dismissed on 17-6-2003. However, the Maharashtra Revenue Tribunal, in revision under Section 111 of the Act, set aside the decisions of the lower authorities and dismissed the eviction application. The trust then filed a writ petition before the High Court. The High Court examined the undisputed facts and held that the legal heirs of a deceased tenant are not entitled to protection under Section 120(c) of the Act, as the tenancy rights do not devolve upon them after the death of the original tenant. The court allowed the petition, set aside the order of the Maharashtra Revenue Tribunal, and restored the eviction order passed by the Tahsildar.
Headnote
A) Tenancy Law - Eviction of Tenant - Section 120(c) of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Legal Heirs - The petitioner-trust sought eviction of the legal heirs of the deceased tenant after the tenant's death. The lower authorities allowed eviction, but the Maharashtra Revenue Tribunal set it aside. The High Court held that the legal heirs of a deceased tenant are not entitled to protection under Section 120(c) as the tenancy rights do not devolve upon them after the death of the original tenant. The court allowed the petition and restored the eviction order. (Paras 1-3)
Issue of Consideration
Whether the legal heirs of a deceased tenant are entitled to protection under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, after the death of the original tenant, and whether the Maharashtra Revenue Tribunal erred in setting aside the eviction order passed by the lower authorities.
Final Decision
The High Court allowed the writ petition, set aside the order of the Maharashtra Revenue Tribunal dated 23-2-2016, and restored the eviction order passed by the Tahsildar on 9-5-2003.
Law Points
- Section 120(c) of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958
- Section 111 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- Eviction of tenant
- Legal heirs not entitled to protection after death of original tenant
- Public trust as landlord
Case Details
2016 LawText (BOM) (02) 121
Writ Petition No.5383 of 2014
Shri Anand Deshpande for Petitioner, Ms. Rashi A. Deshpande, AGP for Respondent Nos.1 to 3, Shri C.A. Joshi for Respondent Nos.4 to 6
Vidarbha Maharogi Seva Mandal
The Member, Maharashtra Revenue Tribunal, Nagpur and others
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Nature of Litigation
Writ petition challenging the order of Maharashtra Revenue Tribunal setting aside eviction order passed by lower authorities under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.
Remedy Sought
The petitioner-trust sought restoration of the eviction order passed by the Tahsildar and dismissal of the revision by the Maharashtra Revenue Tribunal.
Filing Reason
The Maharashtra Revenue Tribunal set aside the eviction order passed by the Tahsildar and confirmed by the appellate authority, thereby dismissing the trust's application for eviction of the legal heirs of the deceased tenant.
Previous Decisions
The Tahsildar allowed the eviction application on 9-5-2003; the appeal was dismissed on 17-6-2003; the Maharashtra Revenue Tribunal in revision set aside these decisions and dismissed the eviction application.
Issues
Whether the legal heirs of a deceased tenant are entitled to protection under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, after the death of the original tenant.
Submissions/Arguments
The petitioner argued that the legal heirs of the deceased tenant are not entitled to protection under Section 120(c) as the tenancy rights do not devolve upon them.
The respondents argued that the legal heirs should be protected as they continued in possession after the death of the original tenant.
Ratio Decidendi
The legal heirs of a deceased tenant are not entitled to protection under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, as the tenancy rights do not devolve upon them after the death of the original tenant.
Judgment Excerpts
The undisputed factual position in Writ Petition No.5383 of 2014 is that one Bhagwansingh and his wife Badamibai were the tenants in personal cultivation of the land bearing Survey No.83 and Gat No.203/B, which were gifted to the petitionerTrust on 31-01-1950.
The Maharashtra Revenue Tribunal, in revision under Section 111 of the said Act, has set aside the decisions given by the lower authorities, and the application filed under Section 120(c) of the said Act for eviction and possession by the petitionerTrust, has been dismissed.
Procedural History
The petitioner-trust filed an application under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, before the Tahsildar, who allowed it on 9-5-2003. The appeal was dismissed on 17-6-2003. The respondents then filed a revision before the Maharashtra Revenue Tribunal under Section 111 of the Act, which set aside the lower authorities' decisions and dismissed the eviction application on 23-2-2016. The trust then filed the present writ petition before the High Court.
Acts & Sections
- Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958: 120(c), 111
