Case Note & Summary
The case involves a Letters Patent Appeal filed by Shamrao Deoba Kathole against the judgment of a learned Single Judge of the Bombay High Court, Nagpur Bench, in Writ Petition No.1325 of 1990. The dispute concerns agricultural land (Field S.No.4/3, admeasuring 5.10 acres) situated at village Dapuri, Taluka Malegaon, District Akola. The respondent/tenant, Hawada S/o Piraji Naoboudha, claimed that on 1-4-1963 he acquired the rights of a statutory owner under the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (the Tenancy Act). During the subsistence of his tenancy, the appellant purchased the property from the original owners, Tulshiram and Sitabai, on 16-1-1963. Subsequently, in December 1963, the appellant forcibly took possession of the land from the respondent/tenant. The respondent/tenant had earlier filed proceedings under Section 36(1) of the Tenancy Act and succeeded before the Naib Tahsildar. Later, he filed an application under Section 120 of the Tenancy Act before the Sub-Divisional Officer, Washim, seeking possession from the appellant/purchaser. The Sub-Divisional Officer allowed the application on 31-10-1989, and the Maharashtra Revenue Tribunal affirmed that order on 31-3-1990. The appellant challenged these orders by filing a writ petition before the High Court. The learned Single Judge dismissed the writ petition, holding that the respondent/tenant was entitled to seek possession under Section 120 of the Tenancy Act. The appellant then filed the present Letters Patent Appeal. The Division Bench of the High Court, comprising J.N. Patel and A.P. Lavande, JJ., dismissed the appeal, affirming the Single Judge's decision. The court held that the tenant's right to seek possession under Section 120 was not extinguished by the purchaser's forcible possession, and the tenant was entitled to restoration of possession.
Headnote
A) Tenancy Law - Restoration of Possession - Section 120 Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Tenant's Right - The respondent/tenant claimed possession of land from the appellant/purchaser after being forcibly dispossessed. The court held that the tenant, having acquired statutory ownership, was entitled to seek possession under Section 120 of the Act, and the purchaser's forcible possession did not defeat that right. (Paras 1-5)
Issue of Consideration
Whether a tenant who has acquired rights of statutory owner under the Tenancy Act and has been forcibly dispossessed by a purchaser can seek possession under Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.
Final Decision
The Letters Patent Appeal is dismissed. The judgment of the learned Single Judge is affirmed. The tenant is entitled to seek possession under Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958.
Law Points
- Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958 provides a remedy for a tenant who has been dispossessed to seek restoration of possession
- Section 36(1) of the same Act deals with restoration of possession to tenants
- the right of a tenant who has become statutory owner is not extinguished by forcible dispossession by a purchaser
