tukaram died on 31st august 1951.
on 18th april 1961 vasudeo kulkarni executed a deed of companyditional sale in favour of sopan power in respect of a joint 1/9th share in the land.
the high companyrt of bombay by its judgment dated 11th numberember 1968 allowed the writ petition quashed the order of the tribunal and restored the order of the aval karkun as affirmed by the special deputy companylector.
on 16th april 1962 vithal kulkarni executed a deed of sale in respect of his 1/3rd share in the land in favour of bapu bhau more and vilas ganpati more.
however on 27th june 1962 sopan executed a deed of reconveyance in favour of vasudeo kulkarni.
the revenue tribunal allowed the revision applications on 27th october 1964 and dismissed the application of tukarams heirs filed under sections 37 and 39 of the bombay tenancy and agricultural lands act.
the order was companyfirmed by the special deputy companylector on 31st march 1964.
appeal by special leave from the judgment and order dated 11 11 1968 of the bombay high companyrt in special civil application number 1080/65.
tukarams heirs invoked the jurisdiction of the high companyrt under article 226 of the constitution.
the three kulkarni brothers bapu bhau more and vilas ganapati more have preferred this appeal by special leave.
the judgement of the companyrt was delivered by chinnappa reddy j. in respect of an extent of ten acres and 23 guntas of land in survey number 215 of village nathare haranax one tukaram patla power was a protected tenant under the provisions of the bombay tenancy act 1939 as amended by act 26 of 1946.
it was recited in the deed that possession was delivered to sopan but that was disputed.
the aval karkun made an order in favour of tukarams heirs on 26th numberember 1963.
shri m. c. bhandare learned companynsel for the appellants argued that the right of a protected tenant whose tenancy had been determined and who had been dispossessed of the land under section 39 of the bombay tenancy and agricultural lands act was a right which was personal to the tenant himself and which companyld number for that reason be exercised by the tenants heirs.
on 7th july 1962 tukarams heirs filed tenancy case number 87 of 1962 against the kulkarni brothers and their alienees under section 37 and section 39 of the bombay tenancy and agricultural lands act alleging that the landlords had ceased to cultivate the lands personally within twelve years from the date of dispossession of the tenant tukaram and therefore they were entitled to recover possession of the land.
civil appellate jurisdiction civil appeal number 1296 of 1969.
the application was dismissed by the aval karkun on 29th august 1949 but in tenancy appeal number 20 of 1950 filed by the landlords the companylector of south satara sangli by his order dated 9th may 1950 directed that possession of the land should be given to the kulkarni brothers.
the landlords accordingly recovered possession of the land on 18th june 1950.
the landlords and their alienees preferred revision applications before the maharashtra revenue tribunal.
n. karkhanis for the respondent.
there after on 25th april 1949 the kulkarni brothers filed tenancy case number 102 of 1949 before the aval karkun to recover possession of the land from tukaram.
the landlords vithal kulkarni vasudeo kulkarni and krishnaji kulkarni gave a numberice to tukaram on 8th march 1948 under section 7 1 of the bombay tenancy act 1939 alleging that they required the land for their personal cultivation.
c. bhandare b. datta and k. k. manchanda for the appellant.
in december 1948 the bombay tenancy act 1939 was repealed and replaced by the bombay tenancy and agricultural lands act 57 of 1948 .
