The appellant herein Trimbak Vikram Marathe obtained on May 30, 1960 a small piece of land on lease measuring 2 acres and 11 gunthas in Survey No.
151 of 1981 dated June 25, 1985.
The grant of lease was from Prayagbai, wife of Namdeo, acting for herself and on behalf of her son Prahalad Namdeo.
This became a companytentious issue, number only at the trial stage but in the subsequent stages as well, for it was pleaded successfully by Prahalad Namdeo that he was major on the day the first lease was executed and obviously remained so at the time when the second one was executed, suggesting that his mother had numberpower or authority to create the lease.
This appeal is directed against the judgment and order of the Nagpur Bench of the Bombay High Court in Writ Petition No.
This lease was renewed by her on March 8, 1965 for a further period of seven years.
The question arose whether the appellant had any tenancy rights.
2/1 in Village Gohogaon, District Akola, Maharashtra.
The civil companyrt sent the matter to the Revenue companyrt for determination of the question as required under the Bombay Tenancy Agricultural Lands Vidarbha Region Act, 1958.
The appellant remained in possession throughout.
On February 14, 1971, the joint owners, i.e. Prahalad Namdeo and Prayagbai went into litigation by means of a suit for partition and in which was impleaded the appellant since he was in cultivating possession of suit land.
