Case Note & Summary
The petitioner, Vidarbha Maharogi Seva Mandal, a public trust registered in 1961-1962, was the owner of agricultural land bearing Survey No.83 and Gat No.203/B, gifted to it on 31 January 1950. The land was under the tenancy of Bhagwansingh and his wife Badamibai, who were in personal cultivation. Bhagwansingh died in 1984, and Badamibai died on 6 September 2001. After the death of the last tenant, the trust filed an application under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, for recovery of possession. The Tahsildar allowed the application on 9 May 2003, and the appeal was dismissed on 17 June 2003. However, the Maharashtra Revenue Tribunal, in revision under Section 111 of the Act, set aside the orders of the lower authorities and dismissed the application. The trust then filed the present writ petition. The High Court examined the undisputed facts and found that the tenancy rights had extinguished upon the death of the last tenant, Badamibai. The successors, respondent nos.4 to 6, were not entitled to protection under Section 120(c) as they were not personally cultivating the land. The High Court held that the Revenue Tribunal had exceeded its revisional jurisdiction by re-appreciating evidence and substituting its own findings. The court allowed the writ petition, set aside the Tribunal's order, and restored the orders of the Tahsildar and the appellate authority, directing eviction of the respondents.
Headnote
A) Tenancy Law - Eviction of Tenant - Section 120(c) of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - The petitioner-trust sought eviction of tenants after the death of the original tenant and his wife. The lower authorities allowed the application, but the Revenue Tribunal set it aside. The High Court held that the Tribunal erred in law as the tenancy rights extinguished on the death of the last tenant, and the successors were not entitled to protection under Section 120(c) as they were not personally cultivating the land. (Paras 1-10) B) Tenancy Law - Revision under Section 111 - Scope of Revision - The High Court clarified that the Revenue Tribunal's revisional jurisdiction under Section 111 is limited to examining jurisdictional errors and cannot re-appreciate evidence. The Tribunal exceeded its jurisdiction by substituting its own findings. (Paras 5-8) C) Tenancy Law - Gift of Land to Trust - Effect on Tenancy - The land was gifted to the trust in 1950, but the tenancy continued. The gift did not affect the existing tenancy rights. The trust became the landlord and was entitled to seek eviction under the Act. (Paras 2-3)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal erred in setting aside the orders of the lower authorities and dismissing the application for eviction under Section 120(c) of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, on the ground that the successors of the deceased tenant were not entitled to protection under the said section.
Final Decision
The High Court allowed the writ petition, set aside the order of the Maharashtra Revenue Tribunal dated 30-6-2014, and restored the orders of the Tahsildar dated 9-5-2003 and the appellate authority dated 17-6-2003. The respondents were directed to hand over possession of the land to the petitioner-trust.
Law Points
- Section 120(c) of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958
- Section 111 of the said Act
- Tenancy rights extinguish on death of tenant
- Successors not entitled to protection under Section 120(c) if not personally cultivating
- Gift of land to trust does not affect tenancy rights
- Revision under Section 111 limited to jurisdictional errors
