:1: IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5027 OF 1986 WRIT PETITION NO. 5027 OF 1986 WRIT PETITION NO. 5027 OF 1986 Vishnu Dadu Lokhande, since Vishnu Dadu Lokhande, since Vishnu Dadu Lokhande, since deceased by his heir Ramu deceased by his heir Ramu deceased by his heir Ramu Vishnu Lokhande since deceased Vishnu Lokhande since deceased Vishnu Lokhande since deceased by his heir and legal by his heir and legal by his heir and legal representative Krishnat representative Krishnat representative Krishnat Ramchandra Lokhande ... Petitioner Ramchandra Lokhande ... Petitioner Ramchandra Lokhande ... Petitioner versus versus versus 1. Bandu Gopala Pawar; 1. Bandu Gopala Pawar; 1. Bandu Gopala Pawar; 2. Mahadev Yeshwant Retharekar; 2. Mahadev Yeshwant Retharekar; 2. Mahadev Yeshwant Retharekar; 3. Yeshwant Krishna Retharekar, 3. Yeshwant Krishna Retharekar, 3. Yeshwant Krishna Retharekar, since deceased, through Resp. since deceased, through Resp. since deceased, through Resp. No. 2; No. 2; No. 2; 4. (A) Raghuttam Neelkanth 4. (A) Raghuttam Neelkanth 4. (A) Raghuttam Neelkanth Retharekar, since deceased Retharekar, since deceased Retharekar, since deceased by his heirs and legal by his heirs and legal by his heirs and legal representatives : representatives : representatives : (1) Smt.Shalini Raghuttam (1) Smt.Shalini Raghuttam (1) Smt.Shalini Raghuttam Retharekar; Retharekar; Retharekar; (2) Madhusudan Raghuttam (2) Madhusudan Raghuttam (2) Madhusudan Raghuttam Retharekar; Retharekar; Retharekar; (3) Vasudeo Raghuttam (3) Vasudeo Raghuttam (3) Vasudeo Raghuttam :2: Retharekar; Retharekar; Retharekar; (4) Rajendra Raghuttam (4) Rajendra Raghuttam (4) Rajendra Raghuttam Retharekar; Retharekar; Retharekar; (B) Anandibai Nilkanth (B) Anandibai Nilkanth (B) Anandibai Nilkanth Retharekar ... Respondents Retharekar ... Respondents Retharekar ... Respondents ... ... ... Mr. Vineet B. Naik, for the Petitioner. Mr. Vineet B. Naik, for the Petitioner. Mr. Vineet B. Naik, for the Petitioner. Mr. V.S. Gokhale, for Respondent No. 2. Mr. V.S. Gokhale, for Respondent No. 2. Mr. V.S. Gokhale, for Respondent No. 2. Mr. M.V. Sali & Mr. A.H. Palekar, for Respondent Mr. M.V. Sali & Mr. A.H. Palekar, for Respondent Mr. M.V. Sali & Mr. A.H. Palekar, for Respondent No.2 (consent obtained). No.2 (consent obtained). No.2 (consent obtained). Mr. Uday Warunjikar, for Respondents Nos. 2, Mr. Uday Warunjikar, for Respondents Nos. 2, Mr. Uday Warunjikar, for Respondents Nos. 2, 4-A-1 and 4-A-2 (V.P. filed in C.A. No. 4-A-1 and 4-A-2 (V.P. filed in C.A. No. 4-A-1 and 4-A-2 (V.P. filed in C.A. No. 7930/2000). 7930/2000). 7930/2000). Respondents Nos. 4-A-3 and 4-A-4 served. Respondents Nos. 4-A-3 and 4-A-4 served. Respondents Nos. 4-A-3 and 4-A-4 served. Writ Petition stands abated as against Writ Petition stands abated as against Writ Petition stands abated as against Respondent No.1. Respondent No.1. Respondent No.1. ... ... ... CORAM : A.M.KHANWILKAR,J. CORAM : A.M.KHANWILKAR,J. CORAM : A.M.KHANWILKAR,J. 11th June 2004 11th June 2004 11th June 2004 ORAL JUDGMENT : ORAL JUDGMENT : ORAL JUDGMENT : 01. This Writ Petition under Article 227 of 01. This Writ Petition under Article 227 of 01. This Writ Petition under Article 227 of the Constitution of India takes exception to the the Constitution of India takes exception to the the Constitution of India takes exception to the judgment and order passed by the Maharashtra judgment and order passed by the Maharashtra judgment and order passed by the Maharashtra :3: Revenue Tribunal, Pune, dated January 16, 1986, Revenue Tribunal, Pune, dated January 16, 1986, Revenue Tribunal, Pune, dated January 16, 1986, in Revision No. MRT-NS-XI-3/83 (TNC.B.302/82). in Revision No. MRT-NS-XI-3/83 (TNC.B.302/82). in Revision No. MRT-NS-XI-3/83 (TNC.B.302/82). It is unnecessary to reproduce all the events so It is unnecessary to reproduce all the events so It is unnecessary to reproduce all the events so as to burden this judgment, for, in my view, the as to burden this judgment, for, in my view, the as to burden this judgment, for, in my view, the narration of facts by the Tribunal in its narration of facts by the Tribunal in its narration of facts by the Tribunal in its judgment refers to all the necessary events and I judgment refers to all the necessary events and I judgment refers to all the necessary events and I would prefer to adopt the same. Briefly stated, would prefer to adopt the same. Briefly stated, would prefer to adopt the same. Briefly stated, the land in question is Survey No. 716/A the land in question is Survey No. 716/A the land in question is Survey No. 716/A situated at village Rathare Budruk, taluka Karad, situated at village Rathare Budruk, taluka Karad, situated at village Rathare Budruk, taluka Karad, district Satara. Petitioner filed civil suit for district Satara. Petitioner filed civil suit for district Satara. Petitioner filed civil suit for injunction against the Respondents. In the said injunction against the Respondents. In the said injunction against the Respondents. In the said suit, the issue, which was required to be suit, the issue, which was required to be suit, the issue, which was required to be exclusively tried and decided by the Tenancy exclusively tried and decided by the Tenancy exclusively tried and decided by the Tenancy authority, was raised. In the circumstances, the authority, was raised. In the circumstances, the authority, was raised. In the circumstances, the Civil Court made a reference to the Tenancy Civil Court made a reference to the Tenancy Civil Court made a reference to the Tenancy authority under section 85A of the Bombay Tenancy authority under section 85A of the Bombay Tenancy authority under section 85A of the Bombay Tenancy and Agricultural Lands Act (hereinafter referred and Agricultural Lands Act (hereinafter referred and Agricultural Lands Act (hereinafter referred to as "the Act") to determine the area of land in to as "the Act") to determine the area of land in to as "the Act") to determine the area of land in respect of which the Petitioner has become deemed respect of which the Petitioner has become deemed respect of which the Petitioner has become deemed purchaser. The authority (Additional Tahsildar, purchaser. The authority (Additional Tahsildar, purchaser. The authority (Additional Tahsildar, Karad), after elaborate enquiry, found as of fact Karad), after elaborate enquiry, found as of fact Karad), after elaborate enquiry, found as of fact that although the certificate under section 32M that although the certificate under section 32M that although the certificate under section 32M of the Act issued in favour of the Petitioner of the Act issued in favour of the Petitioner of the Act issued in favour of the Petitioner mentions area as 46 gunthas; however, from the mentions area as 46 gunthas; however, from the mentions area as 46 gunthas; however, from the proceedings under section 32G of the Act, which proceedings under section 32G of the Act, which proceedings under section 32G of the Act, which :4: were concluded by decision dated 14th June 1961, were concluded by decision dated 14th June 1961, were concluded by decision dated 14th June 1961, in particular the statements made by the father in particular the statements made by the father in particular the statements made by the father of the Petitioner, clear position emerged that of the Petitioner, clear position emerged that of the Petitioner, clear position emerged that declaration in favour of the Petitioner’s declaration in favour of the Petitioner’s declaration in favour of the Petitioner’s predecessor was that he had become deemed predecessor was that he had become deemed predecessor was that he had become deemed purchaser in respect of 30 gunthas of land only. purchaser in respect of 30 gunthas of land only. purchaser in respect of 30 gunthas of land only. Accordingly, the issue was answered by the Accordingly, the issue was answered by the Accordingly, the issue was answered by the Tenancy authority on that basis. Against this Tenancy authority on that basis. Against this Tenancy authority on that basis. Against this decision, the Petitioner carried the matter in decision, the Petitioner carried the matter in decision, the Petitioner carried the matter in appeal. The appeal came to be dismissed by the appeal. The appeal came to be dismissed by the appeal. The appeal came to be dismissed by the appellate authority on 11th March 1983. Even the appellate authority on 11th March 1983. Even the appellate authority on 11th March 1983. Even the revision application preferred by the Petitioner revision application preferred by the Petitioner revision application preferred by the Petitioner came to be dismissed by the judgment and order came to be dismissed by the judgment and order came to be dismissed by the judgment and order passed by the Maharashtra Revenue Tribunal on passed by the Maharashtra Revenue Tribunal on passed by the Maharashtra Revenue Tribunal on 16th January 1986, which is subject matter of 16th January 1986, which is subject matter of 16th January 1986, which is subject matter of challenge in the present writ petition. challenge in the present writ petition. challenge in the present writ petition. 02. After having considered the rival 02. After having considered the rival 02. After having considered the rival submissions and having gone through the submissions and having gone through the submissions and having gone through the proceedings, I have no hesitation in taking the proceedings, I have no hesitation in taking the proceedings, I have no hesitation in taking the view that there is no infirmity either in the view that there is no infirmity either in the view that there is no infirmity either in the approach or the conclusions concurrently reached approach or the conclusions concurrently reached approach or the conclusions concurrently reached by the authorities below that declaration in by the authorities below that declaration in by the authorities below that declaration in favour of the Petitioner’s predecessor was only favour of the Petitioner’s predecessor was only favour of the Petitioner’s predecessor was only in respect of 30 gunthas of cultivable land in respect of 30 gunthas of cultivable land in respect of 30 gunthas of cultivable land :5: concerning Survey No. 716/A. To my mind, no concerning Survey No. 716/A. To my mind, no concerning Survey No. 716/A. To my mind, no fault can be found with the approach adopted by fault can be found with the approach adopted by fault can be found with the approach adopted by the authorities below that although the the authorities below that although the the authorities below that although the certificate under section 32M of the Act has been certificate under section 32M of the Act has been certificate under section 32M of the Act has been issued mentioning 46 gunthas of land; however, issued mentioning 46 gunthas of land; however, issued mentioning 46 gunthas of land; however, the certificate will have to be read consistent the certificate will have to be read consistent the certificate will have to be read consistent with the actual proceedings as a result of which with the actual proceedings as a result of which with the actual proceedings as a result of which the certificate came to be granted in favour of the certificate came to be granted in favour of the certificate came to be granted in favour of the Petitioner’s predecessor. Indeed, by virtue the Petitioner’s predecessor. Indeed, by virtue the Petitioner’s predecessor. Indeed, by virtue of provisions of section 32M of the Act, there is of provisions of section 32M of the Act, there is of provisions of section 32M of the Act, there is presumption in favour of the Petitioner, but that presumption in favour of the Petitioner, but that presumption in favour of the Petitioner, but that presumption stands rebutted by the actual presumption stands rebutted by the actual presumption stands rebutted by the actual proceedings, which have been adverted to, proceedings, which have been adverted to, proceedings, which have been adverted to, including the admission of the Petitioner’s including the admission of the Petitioner’s including the admission of the Petitioner’s predecessor during the said proceedings. predecessor during the said proceedings. predecessor during the said proceedings. Accordingly, I see no infirmity in the view taken Accordingly, I see no infirmity in the view taken Accordingly, I see no infirmity in the view taken by the authorities below in answering the issue by the authorities below in answering the issue by the authorities below in answering the issue as was referred to them by the Civil Court on the as was referred to them by the Civil Court on the as was referred to them by the Civil Court on the above terms. above terms. above terms. . Hence, this writ petition fails and the . Hence, this writ petition fails and the . Hence, this writ petition fails and the same is dismissed with no order as to costs. same is dismissed with no order as to costs. same is dismissed with no order as to costs. . All concerned to act on the copy of this . All concerned to act on the copy of this . All concerned to act on the copy of this order duly authenticated by the Court order duly authenticated by the Court order duly authenticated by the Court :6: Stenographer of this Court. Stenographer of this Court. Stenographer of this Court. (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.) (A.M.KHANWILKAR,J.) jg.83