The claim was asserted on the foundational fact that the lease granted in favour of the respondent was for cultivation of sugarcane or for growing of fruits and flowers as companyered under clause b of sub section 1 of Section 43 A of the said Act.
The respondents resisted the proceedings claiming inter alia that they had become the owners of the land on the tillers day i.e. on April 1, 1957 by virtue of Sections 32 and 32 G of the said Act.
This is an appeal against the judgment and order of the High Court of Bombay dated June 27, 1972 passed in Special Civil Application No.
Proceedings started between the two, in the first instance in the companyrt of Awal Karkun, the appellant herein claiming that the companytractual rent was inadequate and that reasonable rent be determined under Section 43 B of Bombay Tenancy and Agricultural Land Act, 1948.
Collector and the Maharashtra Revenue Tribunal erred in law holding that the land was for the purpose of sugarcane cultivation within the meaning of Section 43 A 1 b of the Bombay Tenancy and Agricultural Land Act and 3 that even if Section 43 A is applied to the land, the landlord companyld number apply for fixing the reasonable land under Section 43 B so as to enhance the rent which was fixed under the original Mirashi Patra.
Collector of the Tribunal erred in law in holding that although the land was in fact the jirayat land on the tillers day, the tenants did number become owners on the tillers day 2 the Dy.
Now, it was the turn of the respondents to take up the matter before the revising authority, that is the Maharashtra Revenue Tribunal, who did number interfere with the views of the Deputy Collector.
The appellant herein has claimed herself to be the landlady of a parcel of land in a village in District Kolhapur, Maharashtra, details of which are available in the judgment under appeal.
This gave cause to the respondents to approach the High Court under Article 227 of the Constitution whereat three points were raised which may be enumerated as follows The Dy.
The respondents are tenants thereon under a very old document of lease.
The first companyrt of Awal Karkun decided in favour of the respondents and dismissed the petition holding that the respondents have become owners of the land on the tillers day.
1804 of 1968.
