Bombay High Court Shri Gundappa D. Kole (Deceased) And Ors vs Shri.Ghanshyam S.Kulkarni ... on 14 July, 2017 208.3847.95wp CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3847 OF 1995 Gundappa D. Kole (since deceased) Through his legal heirs Shri Jaywant Gundappa Kole & Ors. ... Petitioners V/s. Ghanshyam Shankar Kulkarni (since deceased) Through his legal heirs Smt. Mangal Ghanshyam Kulkarni & Ors. ... Respondents Mr. N. V. Bandiwadekar with Sagar Mane for the petitioners Mr. R. S. Apte, Senior Advocate with Mandar Limaye for the Respondents. DATED : JULY 14, 2017 JUDGMENT : 1. Heard the learned counsel for the parties. By this petition under Article 227 of the Constitution of India the petitioner tenant challenges the orders dated 30.04.1993 passed by the Additional Collector, Kolhapur in TNC Application No.284/1992 filed by the respondent landlord u/s.431B(2) of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (said Act) for possession of agricultural land being Gut No.199 admeasuring . 1H 8R at village Gourwad, Tq. Shirol, Dist. Kolhapur directing the tenant to handover/restore possession of the suit land to the respondent landlord. Basavraj G Patil 1/17 ::: Uploaded on 18/07/2017 ::: Downloaded on 19/07/2017 00:01:26 ::: 208.3847.95wp 2. The petitioner also challenges the judgment dated 29.03.1995 passed by the Additional Commissioner, Pune Division, Pune in Revision Application No.TNC/RA/KP/147/93 filed u/s.73A read with section 431B of the said Act, as the Revision Application also stood dismissed by the authority. 3. In the present proceedings, the dispute is between the landlord and tenant under the said Act in respect of the suit property. Originally, the land being Gut No.32 admeasuring 8A 39G owned by Hari Kulkarni. Same was in possession of Dattu Padappa Kole, father of the petitioner as a protected tenant. After death of landlord Hari Kulkarni, names of his three sons were recorded to the 7/12 extract to the extent of 1/3rd share each viz. (1) Shankar Hari Kulkarni (2) Ramchandra Hari Kulkarni and (3) Laxman Hari Kulkarni, prior to 195556. On tillers day i.e. 31.03.1957, name of three sons of the landlord were shown in 7/12 extract as tenant. 4. One of the sons of the landlord i.e. Shankar Hari Kulkarni died leaving behind, widow, four sons and two daughters. The respondent Ghanshyam Shankar Kulkarni was one of the sons. On the death of Shankar Kulkarni the name of his eldest son Digambar Kulkarni was mutated in 7/12 extract by M.E.No.219 as a Manager of HUF. The members of the HUF are as under: 1. Smt. Anutai Shankar Kulkarni widow 2. Digambar Shankar Kulkarni son 3. Balu Shankar Kulkarni son 4. Vasudeo Shankar Kulkarni son Basavraj G Patil 2/17 ::: Uploaded on 18/07/2017 ::: Downloaded on 19/07/2017 00:01:26 ::: 208.3847.95wp 5. Ghanshyam Shankar Kulkarni son 6. Indutai Shankar Kulkarni Daughter 7. Sakubai Shankar Kulkarni Daughter (after marriage Indumati Balkrishna Hatyal) 5. The respondent Ghanshayam Shankar Kulkarni, brother of Digambar Shankar Kulkarni had joined Military in the year 1963. After completion of 28 years service he retired on 31.12.1991. The respondent made a tenancy application No.284/1992 u/s.431B(2) of the said Act on 16.10.1992 for possession of the suit land from the petitioner. Said application was made by the respondent showing that he is the son of the landlord of the property. His contention was that on the basis of the application dated 20.06.1964 made to the Revenue Authority, his elder brother Digambar got transferred the suit property in his name. Same was recorded in the revenue record on 01.12.1964. Same was certified by the concerned officer on 21.07.1966. 6. In that tenancy application, the petitioner fi