9911796707
TMI Blog2013 (7) TMI 1172X X X X Extracts X X X X X X X X Extracts X X X X ..... ewadi within Taluka Radhanagari in the District of Kolhapur. A proceeding Under Section 32G of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as the Act , was initiated by one Rama Dattu Naikwade, predecessor-in-interest of the Respondents, for determination of price of the land on the plea that he shall be deemed to have purchased the land. The Additional Tahsildar ALT, Radhanagari, at the first instance, held that the land in question was leased out for growing sugarcane and, accordingly, dropped the proceeding. However, in appeal, the said order was set aside and the matter ultimately remitted back to him to hold fresh inquiry. Accordingly, the Additional Tahsildar held fresh inquiry and again by its orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ribunal erred in setting aside the finding of the Sub-Divisional Officer that the land in question was not leased out for sugarcane cultivation. The High Court, in this connection, has observed as follows: 12. While toppling the judgment and order passed by the Sub-Divisional Officer, Shahuwadi, the learned Member of M.R.T. Has dislodged the findings of facts recorded by the said authority. After examining the judgment and order passed by the S.D.O. Shahuwadi, this Court comes to the conclusion that the findings recorded by the S.D.O. Shahuwadi were consistent with the evidence on record. The approach adopted by him was correct, proper and legal. When that was so, it was beyond the jurisdiction of the learned Member of M.R.T. To dislodge ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aside by the High Court without assigning any reason and it merely stated that the finding recorded by the SDO Shahuwadi is consistent with the evidence on record and the approach adopted by him was correct, proper and legal and in such circumstances it was beyond the jurisdiction of the Tribunal to dislodge it in the revision . He points out that the Sub-Divisional Officer had jumped to a finding without assigning any reason and hence it was open for the Tribunal to upset the same and record its own finding. Mr. Pandey, however, submits that the Tribunal, which is a court of revision, cannot act as a court of appeal and, hence, the High Court was right in setting aside its finding. 6. We have considered the rival submission and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... onable doubt does not apply in such proceeding. Further, the Sub-Divisional Officer, without assigning any reason, has rejected the evidence of the landlord and his witnesses and jumped to a conclusion without reference to the evidence. We have quoted the observations of the Tribunal which has recorded the finding that it was leased out for the purpose of growing sugarcane. The Tribunal has referred to the evidence of the landlord and his witnesses and further to the record of rights and from that it has come to the aforesaid conclusion. 8. In the face of what we have observed above, the Tribunal was well within its right in setting aside the finding of the Sub-Divisional Officer and holding that the land was leased out for the purpose o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsons other than those mentioned in Clause (a) for the cultivation of sugarcane or the growing of fruits or flowers or for the breeding of livestock; (c) xxx 10. Section 43A excludes the application of various provisions of the Act including 33C in respect of leases granted to any bodies or persons inter alia for the purpose of cultivation of sugarcane. However, in view of the plural expression any bodies or persons , the High Court has come to the conclusion that it shall cover only those cases in which lease has been given to more than one person and not singular person. It seems that the attention of the Court was not drawn to Section 13 of the Bombay General Clauses Act, 1904 which inter alia provides that words in the sing ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
