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1977 (1) TMI 161 - Supreme Court Of India

1977 (1) TMI 161 - Supreme Court Of India - 1977 AIR 1222, 1977 (2) SCC 437 - 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 Hig .....

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hide, father of Ramchandra Ganesh Bhide, respondent No. 1 herein, on an annual 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 h .....

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ondent No. 1 had sublet some portions out of the aforesaid leased Survey Nos. 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') .....

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per bigha as the rent payable by each of the aforesaid three respondents. The 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 .....

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in their cultivation on the ground that he bonafide required them for his personal 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 .....

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r possession; that the notice of termination of the tenancy issued by Vasudeo 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 tenant .....

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eal, Sangli, and remanded the case for fresh trial and disposal observing that 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 .....

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by Vasudeo Balwant Telam inasmuch as in 1956, he filed an application for a declaration 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 .....

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e determination of reasonable rent for the years 1949-50 to 1953-54.Accordingly, 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 .....

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ad made over payment to the extent of ₹ 100/ . The Mamlatdar further held 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/- .....

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t it had not been proved that the agreed rent was ₹ 320/- per year. The 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 conclud .....

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of all the plots of land in dispute. The matter was then taken in revision by 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 .....

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se does not involve any substantial question of a law of general or public importance. 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 settle .....

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