SUPREME COURT OF INDIA
Ambadas Sitaram More
Vs.
Murlidhar Digamber
C.A.Nos.6727-6728 of 2001
(B.P.Singh and S.B.Sinha JJ.)
07.04.2005
1. In these appeals by special leave the appellant claiming to be a tenant under the Bombay Tenancy Act has impugned the judgment and order of the High Court of Judicature at Bombay in Writ Petition No. 568 of 2000 whereby the High Court affirmed the revisional order passed by the Member, Maharashtra Revenue Tribunal dated 26.11.1999 whereby he had allowed the Revision Petition filed by the respondent landlord.
2. It appears from the record placed before us that an application was filed by
the appellant herein under Section 32G of the Bombay Tenancy &
Agricultural Lands Act, 1948 for fixation of the price of the lands which
the appellant tenant was entitled to purchase. The Additional Tahsildar by his
Order dated 10th June, 1991 allowed the application and fixed the price of the
lands in question which measured 7 hectares and 71 ares.
3. The respondent landlord preferred an appeal which came to be disposed of by
the Sub-Divisional Officer, the appellate authority, in Tenancy Appeal No. 46
of 1991 by Order dated 22nd May, 1995. The Appellate Authority concurring with
the finding recorded by the Tehsildar dismissed the appeal.
4. The landlords then preferred a revision before the Maharashtra Revenue
Tribunal, Pune on 31.7.1995 and the said Revision Petition was allowed. The
Tribunal recorded two main findings. It held that the partition effected in the
family of the tenant in the year 1956 was effected only to defraud and defeat
the provisions of the Tenancy Act as well as the Maharashtra Agricultural Lands
(Ceiling on Holdings) Act, 1961. It also held that Sitaram More, the original
tenant who was the landholder, and on whose behalf a return was filed in the
year 1975, had shown 102 acres of lands in his possession. The Tribunal held
that the Tehsildar as well as the Appellate Authority did not carefully peruse
the record of proceedings and having over looked them recorded findings which
could not be sustained. Since the ceiling area under the Tenancy Act was only
48 acres and under the Maharashtra Ceiling Act as 54 acres, on the basis of the
return filed by the tenant it could not be disputed that he possessed lands
which were far in excess of the ceiling area under either of the two Acts. He,
therefore, set aside the order of the Tehsildar as well as the Appellate
Authority and declared that the tenant was not entitled to purchase the lands in
question.
5. The appellant challenged the order of the Tribunal before the High Court. It
appears from the order of the High Court that an argument was advanced before
the High Court that the partition could not be held to be a mere device to
defraud the provisions of the Tenancy Act and the authorities had not
considered the circumstances in which such a partition was effected as early as
in the year 1956. It was contended before the High Court that in the exercise
of its revisional jurisdiction the Tribunal ought not to have set aside the
findings of the authorities under the Act and dismiss the application for
purchase of the lands in question. From the judgment of the High Court it does
not appear that any argument was advanced before the High Court that the
finding of the Tribunal that the tenant held land in excess of the ceiling
area, and that on his showing he held land to the extent of 102 acres, was
erroneous.
6. Mr. Bhimrao N. Naik, learned senior counsel appearing on behalf of the
appellant submitted that this was a case in which the Tribunal ought to have
set aside the concurrent findings of the authorities under the Act, and at the
best it could have remanded the matter for a clear finding on the question as
to what was the holding of the tenant on the postponed date, namely 7th
January, 1970. He also submitted that in the proceedings under the Ceiling Act
it was held that the tenant held lands in excess to the extent of 15 hectares
43 ares = 38 acres 23 guntas were in fact surrendered to the landlords.
Therefore, what remained in possession of the tenant was only 54 acres of land.
Under the Tenancy Act he was entitled to retain to the extent of 48 acres, and
at best he could be deprived of 6 acres of land.
7. Mr. Makarand D. Adkar, counsel appearing on behalf of the respondent
landlord submitted that the finding recorded under the Maharashtra Agricultural
Lands (Ceiling on Holdings) Act, 1961 was immaterial. The findings in those
proceedings were recorded on 29th March, 1976, and subsequently the appellant
may have surrendered lands in favour of the landlord. The question which arose
for consideration in the instant matter was as to the holding of the
land-holder on dated 7th January, 1970. In view of the fact that a return was
filed showing 102 acres in his possession in the year 1975 established the fact
that he held lands in excess of the ceiling area. The Tribunal was therefore,
justified in allowing the revision petition. He further submitted that it
appears from the order of the High Court, and even from the Writ Petition filed
before the High Court that the appellant had never challenged the finding of
the Tribunal that he held lands in excess of the ceiling area, namely he had
lands to the extent of 102 acres as evident from the return filed on his behalf
in the year 1975.
8. We have considered the submissions urged on behalf of the parties and
perused the orders of the authorities under the Act as well as by the High
Court. While it is true that the finding that the partition was effected
to defeat the provisions of the Tenancy Act is not based on any evidence on
record, at least none is disclosed in the order of the Tribunal, the other
finding namely that the tenant was in possession of lands far in excess of the
ceiling area is based on evidence which cannot be challenged, namely the
admission of the tenant himself in his return filed in the year 1975 that he
held 102 acres of land. Such being the factual position, we find no reason to
interfere with the order of the High Court.
9. The appeals are accordingly dismissed.