Case Note & Summary
The petitioner-landlord challenged the order of the Revisional Authority dated 30-3-1989, which remanded the matter to the Trial Court for ascertaining the tenant's holding on the tiller's day and for proper calculation of the area. The dispute arose under the Bombay Tenancy and Agricultural Lands Act, 1948. The original tenant was Vithal, and the respondents are his legal representatives. The landlord was a minor on the postponed tiller's day, i.e., 1-4-1957. The Tahsildar had earlier determined the matter. The Revisional Authority found that the mutation entries relied upon by the tenant were of no assistance to prove the holding. Despite this finding, the Authority remanded the case for further inquiry. The landlord contended that once the mutation entries were held not proved, the tenant had failed to discharge the burden, and no remand was warranted. The High Court agreed, holding that the Revisional Authority's order suffered from an error of law apparent on the face of the record. The court set aside the remand order and restored the original order of the Trial Court. The judgment emphasizes that the burden of proof lies on the tenant to establish the holding on the tiller's day, and if the tenant fails to do so, the landlord is entitled to succeed.
Headnote
A) Tenancy Law - Burden of Proof - Holding on Tiller's Day - Bombay Tenancy and Agricultural Lands Act, 1948, Section 32G - The tenant bears the burden to prove the extent of his holding on the postponed tiller's day (1-4-1957) when mutation entries are found unreliable. The Revisional Authority cannot remand for further inquiry without evidence from the tenant. (Paras 1-3) B) Tenancy Law - Remand - Error of Law - Bombay Tenancy and Agricultural Lands Act, 1948, Section 76 - The Revisional Authority's order remanding the matter for calculation of holding was held to suffer from an error of law apparent on the face of the record, as the tenant had failed to discharge the burden of proof. (Paras 1-3)
Issue of Consideration
Whether the Revisional Authority erred in remanding the matter for ascertaining the tenant's holding on the tiller's day when the mutation entries relied upon by the tenant were found to be of no assistance.
Final Decision
The petition is allowed. The order of the Revisional Authority dated 30-3-1989 is set aside. The matter is remanded back to the Revisional Authority to decide the matter afresh in accordance with law, considering the observations made in the judgment.
Law Points
- Burden of proof on tenant to establish holding on tiller's day
- Mutation entries not conclusive proof of holding
- Revisional authority cannot remand without basis
