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Trimbak Gangadhar Telang Versus Ramchandra Ganesh Bhide

C.A. 1998 OF 1968 - Dated:- 19-1-1977 - Beg M. Hameedullah And Singh Jaswant, JJ. JUDGMENT Jaswant Singh, 1. These appeals by special leave are directed against the judgment and order dated September 15, 1967/September 19, 1967 of the High Court of Judicature at Bombay whereby Special Civil Application Nos. 1304 to 1306 of 1965 filed by the appellants under Article 227 of the Constitution were dismissed by the said High Court. 2. The facts leading to these appeals are: In 1938, Vasudeo Balwant T .....

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rent of ₹ 320/-. On March 23,1948, the said Vasudeo Balwant Telang gave notice to respondent No. 1 's father intimating the latter that the land taken by him under a kabulayat for cultivation up to April 10, 1948 would not be given to him for the next year. As there was no provision in the tenancy law then in force in the State of Mirj under which respondent No. 1's father could seek protection against his threatened eviction, respondent No. 1 executed a fresh deed of kabulayat on .....

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in his occupation to respondents Nos. 2 and 3. On June 30, 1948, a notice was issued by the revenue authority to Vasudeo Balwant Telang informing him that respondent Nos. 2 and 3 who had to be deemed to be protected tenants had been recorded as such in respect of areas in their separate possession under the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (herein after referred to as the 1948 Act') and that if he had any objection with regard thereto, he was at liberty to ob .....

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total rent of ₹ 320/- per year computed at the said rate of ₹ 20/- per bigha per annum was apportioned between respondents Nos. 1, 2 and 3 at ₹ 200/- ₹ 80/- and ₹ 40/- respectively. After their recognition as protected tenants in the record of rights, though respondents Nos. 1 to 3 started paying their share of the rent separately to Vasudeo Balwant Telang, the latter credited the payment only to the account of respondent No. 1. On February 21, 1953, Vasudeo Balwan .....

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sonal cultivation. Before filing the aforesaid application for possession, Vasudeo Balwant Telang gave another notice on June 7, 1951 to respondent No. 1 under Section 14 of the 1948 Act purporting to terminate his tenancy with respect to all the parcels of land in dispute some of which were manifestly not in his possession on the ground that the latter had committed defaults in payment of rent for the years 1919-50 to 1953-54. Pursuant to this notice, copies whereof he sent to respondents Nos. .....

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Balwant Telang to respondent No. 1 alone was invalid and that no default in payment of rent was made by them. They further pleaded that the agreed rent payable by them was ₹ 200/- ₹ 80/- and ₹ 40/- per year respectively. The Extra Awal Karkun, Miraj dismissed the application for possession of all the aforesaid parcels of land observing that respondents Nos. 1 to 3 being separate and independent tenants of the plots in their possession, the aforesaid notice of termination of the .....

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the contractual tenancy of respondent No. 1 in all the parcels of land in dispute would continue even after respondents Nos. 2 and 3 were recognised as protected tenants of parts of the land in their possession unless the sub-tenancy of respondents 2 and 3 were recognised by Vasudeo Balwant Telang and the sub-tenants became directly responsible for payment of rent of the areas of land in their separate possession. The Bombay Revenue Tribunal further observed that the Extra Awal Karkun, Miraj an .....

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claration that respondents Nos. 1 to 3 were joint tenants of the land and were jointly and severally responsible for payment of the rent, and about the same time a suit in the Civil Court for the recovery of reasonable rent for the years 1949-50 to 1953-54 wherein a reference was made by the Court to the Mamlatdar, Miraj Taluka for determination of the reasonable rent. While disposing of the revision application which arose out of Vasudeo Balwant Telang's application for possession on the gr .....

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y, the Mamlatdar, Miraj Taluka, recorded further evidence adduced by the parties and on a consideration thereof, he held that respondents Nos. 2 & 3 were recognised by Vasudeo Balwant Telang as independent tenants and as such the notice of termination of the tenancy given by Vasudeo Balwant Telang to respondent No. 1 alone was invalid. The Mamlatdar also held that the agreed rent during the years in question at the rate of ₹ 20/- per bigha was ₹ 320/- per year which was payable b .....

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d that respondents 1 to 3 were independent and not joint tenants of the aforesaid three parcels of land. On these findings, he dismissed Vasudeo Balwant Telang's application for possession of the three parcles of land in dispute as also his application for declaration that respondents Nos. 1 to 3 were joint tenants of the said plots of land and declared that the reasonable rent of the entire land was ₹ 320/- per year. Aggrieved by the decision of the Mamlatdar, Miraj Taluka, Vasudeo Ba .....

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Special Deputy Collector further held that the tenancy created vide kabulayat dated July 14, 1948 executed by respondent No. 1 was to last for a period of ten years in accordance with Section 5 of the 1948 Act as it originally stood but the term regarding the payment of ₹ 700/- acre nt could not, as a result of that section, extend beyond the period specified in the rent note. The Special Deputy Collector concluded by observing that there was no agreed rent in respect of the years in quest .....

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both the parties to the Bombay Revenue Tribunal which set aside the order of the Special Deputy Collector and restored that of the Mamlatdar in all the three proceedings holding that respondents Nos. 1 to 3 were separate tenants of Vasudeo Balwant Telang in respect of the areas of the land in their separate possession and the notice terminating the tenancy was invalid. The Revenue Tribunal also held that the reasonable rent of the land was rightly fixed by the Mamlatdar at ₹ 320/- per year .....

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ortance. Although counsel for the appellants has strenuously assailed the correctness of the findings of the Revenue Tribunal and of the High Court, we are unable to accede to his contention. We have not, despite careful consideration of the judgments and objections submitted to us, been able to discern any legal infirmity or error either in the decision of the Revenue Tribunal or of the High Court. It is a well settled rule of practice of this Court not to interfere with the exercise of discret .....

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