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Issues Involved:
1. Whether the Tahsildar could declare respondent No. 1 as a tenant under the Bombay Tenancy and Agriculture Lands (Vidarbha Region) Act, 1938, after a compromise had been reached and his name was deleted from the list of tenants. 2. The validity of the compromise agreement and whether it was entered under pressure or allurement. 3. The applicability of the principles of estoppel and res judicata in the proceedings under the Act. 4. The scope of the Tahsildar's suo motu powers under Section 49B of the Act. 5. Whether respondent No. 1 could be deemed a tenant under Section 6 of the Act. Issue-wise Detailed Analysis: 1. Declaration of Tenancy by Tahsildar: The central issue was whether the Tahsildar could, after 11 years, declare respondent No. 1 a tenant under the Act, despite an earlier compromise where respondent No. 1 admitted he was not a tenant and his name was deleted from the list of tenants. The court found that the initial proceedings under Section 8(3) had conclusively determined that respondent No. 1 was not a tenant, and this decision was not appealed, thus becoming final. The Tahsildar's later suo motu action under Section 49B was deemed inappropriate as there was no new material to justify reopening the case. 2. Validity of the Compromise Agreement: The Special Deputy Collector had previously overturned the Tahsildar's decision by claiming that the compromise was made under pressure and allurement. However, the Supreme Court noted that there was no pleading or evidence to support this claim, and the compromise had been acted upon by both parties, with respondent No. 1 purchasing land from the appellants. The court concluded that the compromise was valid and binding. 3. Principles of Estoppel and Res Judicata: The court emphasized that even if the strict doctrine of res judicata did not apply, the principles underlying it, including estoppel, would prevent respondent No. 1 from contesting the issue of tenancy again. Since the issue had been conclusively decided in earlier proceedings under the same Act, it could not be reopened in subsequent proceedings. 4. Scope of Tahsildar's Suo Motu Powers: The court clarified that the Tahsildar's suo motu powers under Section 49B must be exercised with caution and based on substantial material evidence. The Tahsildar cannot arbitrarily reopen cases without new evidence or justification, especially when a previous order under the same statute had resolved the issue. The court found that the Tahsildar had no jurisdiction to initiate proceedings under Section 49B in this case, as the earlier order deleting respondent No. 1's name was final. 5. Deemed Tenancy under Section 6: Respondent No. 1's claim to be a deemed tenant under Section 6 was rejected. The court noted that the appellants had been cultivating the land personally or through their Saldars, including respondent No. 1 and his father, who were servants, not tenants. Thus, respondent No. 1 could not be considered a deemed tenant as per the statutory definition, which excludes those cultivating land on behalf of the owner. Conclusion: The Supreme Court set aside the decisions of the appellate and revisional authorities, as well as the High Court, which had erroneously concluded in favor of respondent No. 1. The court quashed the findings against the appellants in the proceedings under Section 49B, emphasizing the finality of the earlier decision under Section 8 and the improper exercise of suo motu powers by the Tahsildar. The appeal was allowed, with costs on the parties.
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