Case Note & Summary
The case involves a dispute between the petitioners, who are the heirs of the original tenant Kondiba Dnyanu Dongale, and the respondents, who are the heirs of the original landlords Kashibai Ramrao Nigade, regarding possession of agricultural lands bearing Gut Nos. 27/1, 29 and 30/3 (Survey No. 180, 181 and 182) situated at Mangwadi, Tal. Karad, Dist. Satara. The landlords had obtained a certificate of exemption under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948 in 1963, on the ground that the lands did not exceed economic holding and their total income did not exceed Rs. 1,500/-. Subsequently, the landlords filed applications under Section 33B of the Act seeking possession of the lands for personal cultivation, asserting bona fide requirement. The Tahsildar-ALT, Karad allowed the applications by order dated 5th May, 2018 in Tenancy Case No. 222 of 2017. The tenants appealed to the SDO, Karad, who dismissed the appeal by order dated 14th July, 2020 in Tenancy Appeal No. 88 of 2018. The tenants then filed revision applications before the Maharashtra Revenue Tribunal at Pune, which were dismissed by judgment and order dated 22nd February, 2022 in Revision Application Nos. NS/X/1/2020, NS/X/2/2020, NS/X/3/2020 and NS/X/4/2020. The tenants challenged these orders by way of a writ petition under Article 227 of the Constitution of India. The High Court held that the certificate of exemption under Section 88C was not challenged by the tenants and had become final, and that the concurrent findings of fact regarding the landlords' bona fide requirement for personal cultivation were not perverse. The court dismissed the petition, affirming the orders of the authorities below.
Headnote
A) Tenancy Law - Certificate of Exemption - Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948 - Landlords obtained exemption certificate in 1963 on ground that lands did not exceed economic holding and total income did not exceed Rs. 1,500/- - Certificate was not challenged by tenants and became final - Held that the certificate of exemption is conclusive and cannot be collaterally attacked in subsequent proceedings under Section 33B (Paras 3-5).
B) Tenancy Law - Possession for Personal Cultivation - Section 33B of the Maharashtra Tenancy and Agricultural Lands Act, 1948 - Landlords sought possession for bona fide personal cultivation - Tenants contended that landlords did not require land - Authorities below found that landlords' need was genuine - Held that the concurrent findings of fact on bona fide requirement are not perverse and do not warrant interference under Article 227 (Paras 6-10).
Issue of Consideration
Whether the orders of the authorities below granting possession of the subject lands to the landlords under Section 33B of the Maharashtra Tenancy and Agricultural Lands Act, 1948, based on a certificate of exemption under Section 88C, are legal and proper.
Final Decision
The High Court dismissed the writ petition, affirming the orders of the authorities below granting possession of the subject lands to the respondents/landlords under Section 33B of the Maharashtra Tenancy and Agricultural Lands Act, 1948.
Law Points
- Section 33B of the Maharashtra Tenancy and Agricultural Lands Act
- 1948
- Section 88C of the Maharashtra Tenancy and Agricultural Lands Act
- Certificate of Exemption
- Personal Cultivation
- Bona Fide Requirement
Case Details
2023 LawText (BOM) (06) 48
Writ Petition No. 7723 of 2022
Mr. Dilip Bodake for the Petitioners; Mr. Sandesh Patil a/w. Mr. Niranjan Bhavake i/b. Bhavake & Associate for Respondent Nos. 1 and 2
Kondiba Dnyanu Dongale (Since deceased through his heirs and legal representatives)
Kashibai Ramrao Nigade (Since deceased through her heirs and legal representatives)
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition under Article 227 of the Constitution of India challenging orders of authorities under the Maharashtra Tenancy and Agricultural Lands Act, 1948 granting possession of agricultural lands to landlords.
Remedy Sought
Petitioners (tenants) sought to quash the orders of the Tahsildar-ALT, SDO, and Maharashtra Revenue Tribunal which allowed the landlords' application for possession under Section 33B of the Act.
Filing Reason
Petitioners were aggrieved by the concurrent orders granting possession of the subject lands to the respondents/landlords for personal cultivation.
Previous Decisions
Tahsildar-ALT, Karad allowed the landlords' application for possession on 5th May, 2018 in Tenancy Case No. 222 of 2017; SDO, Karad dismissed the tenants' appeal on 14th July, 2020 in Tenancy Appeal No. 88 of 2018; Maharashtra Revenue Tribunal dismissed the tenants' revision applications on 22nd February, 2022 in Revision Application Nos. NS/X/1/2020, NS/X/2/2020, NS/X/3/2020 and NS/X/4/2020.
Issues
Whether the certificate of exemption under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, granted in 1963, could be collaterally attacked in proceedings under Section 33B.
Whether the concurrent findings of fact regarding the landlords' bona fide requirement for personal cultivation were perverse and warranted interference under Article 227.
Submissions/Arguments
Petitioners argued that the certificate of exemption under Section 88C was not valid and that the landlords did not genuinely require the land for personal cultivation.
Respondents contended that the certificate of exemption had become final and that the concurrent findings of fact on bona fide requirement were correct.
Ratio Decidendi
The certificate of exemption under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948, once granted and not challenged, becomes final and cannot be collaterally attacked in subsequent proceedings under Section 33B. The concurrent findings of fact regarding the landlords' bona fide requirement for personal cultivation, if not perverse, are not subject to interference under Article 227 of the Constitution of India.
Judgment Excerpts
This petition under Article 227 of the Constitution of India assails the legality, propriety and correctness of a judgment and order dated 22nd February, 2022 passed by the learned Member, Maharashtra Revenue Tribunal at Pune in Revision Application bearing Nos. NS/X/1/2020, NS/X/2/2020, NS/X/3/2020 and NS/X/4/2020 whereby the Revision Applications preferred by the petitioners came to be dismissed affirming the order dated 14th July, 2020 passed by the SDO, Karad, Dist. Satara in Tenancy Appeal No. 88 of 2018 which, in turn, had affirmed the order dated 5th May, 2018 passed by Tahsildar-ALT, Karad in Tenancy Case No. 222 of 2017 thereby allowing the application of the respondents/ landlords for delivery of the possession of the agricultural lands bearing Gut Nos.27/1, 29 and 30/3 (Survey No. 180, 181 and 182) situated at Mangwadi, Tal. Karad, Dist. Satara (the subject lands) under section 33B of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (the Act, 1948).
Procedural History
The landlords filed applications under Section 33B of the Maharashtra Tenancy and Agricultural Lands Act, 1948 for possession of the subject lands. The Tahsildar-ALT, Karad allowed the applications on 5th May, 2018. The tenants appealed to the SDO, Karad, who dismissed the appeal on 14th July, 2020. The tenants then filed revision applications before the Maharashtra Revenue Tribunal at Pune, which were dismissed on 22nd February, 2022. The tenants filed the present writ petition under Article 227 of the Constitution of India.
Acts & Sections
- Maharashtra Tenancy and Agricultural Lands Act, 1948: 33B, 88C
