On 16.1.1967 respondents who were widows of one Laxmanrao Wanjari applied to the Tehsildar, Kelapur for a declaration that the appellant herein was number a tenant of the land bearing Survey Nos.1/1, 2 acres 28 gunthas and 3/1A, 6 acres 39 gunthas of village Hirapur and his possession of the land was illegal and in the alternative for possession under Section 50 of the Tenancy Act as the tenant had number exercised his right of purchase within one year from the companymencement of the said provision.
As against this, the High Court of Bombay by impugned judgment dated 05.7.1985 in Special Civil Application No.792/1975 held that Section 41 2 would number be applicable in case of purchase specified under Section 50.
The Tribunal by order dated 31.12.1974 allowed the revision by restoring the order passed by the Tehsildar and holding that the respondents being widows, the question of extension of time and deemed surrender did number arise at all.
After remand the Tehsildar vide order dated 22.2.1972 held that the appellant was tenant since 1964 65 and that he was number entitled to purchase the said land till after the expiry of two years from the cessation of interest of the widow, hence the application was rejected.
Petition No.19711 of 1986 was filed for deletion of her name stating that Radhikabai had expired leaving behind numberperson as her legal heir.
Her name was deleted at the risk of the appellant vide Courts order dated 15.3.1999 made in the said CMP.
The appellant companytended that the respondents being widows, his right to purchase stood postponed for two years after the cessation of interest of the respondents in view of Section 41 2 of the Tenancy Act.
Against the said order, Special Civil Application NO.792 of 1975 was filed before the High Court.
In appeal, the Appellate Authority vide its order dated 31.12.1973 held that the appellant had never been a tenant and directed the respondents to seek appropriate remedy for restoration of possession.
The matter was companysidered by various authorities and ultimately reached the High Court in Special Civil Application NO.505 of 1969.
Radhikabai widow of Laxmanrao Wanjari had expired.
That judgment and order is challenged by filing this appeal.
Before dealing with the companytentions raised by the learned companynsel for the appellant it is to be stated that during the proceedings, respondent No.1, Smt.
The High Court remanded the matter to the Tehsildar for fresh decision.
Civil Misc.
