VAIJINATH Vs. AFSAR BEGUM
LAWS(SC)-2020-1-92
SUPREME COURT OF INDIA
Decided on January 30,2020

VAIJINATH Appellant
VERSUS
AFSAR BEGUM Respondents




JUDGEMENT

NAVIN SINHA,J. - (1.)The appellant assails the order dated 01.02.2010 dismissing his writ application and the affirmation of the same by the Division Bench dated 19.03.2018, in appeal.
(2.)The predecessor of the appellant was granted the status of a statutory tenant under Section 38E(1) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Act') with regard to Survey No.189 and 202/AA in village Ghat Nandur on 01.02.1959. The original land owner Nadimuddin, predecessor of the respondents nos.1 and 2 (hereinafter referred to as 'respondents'), filed an application under Section 44 of the Act for resuming the lands for personal cultivation. It was rejected on 22.04.1960. Nadimuddin did not challenge the rejection till his death on 21.01.1962. The statutory certificate was then issued to the appellant predecessor on 24.03.1970 after examination by the Agricultural Land Tribunal Ambajagai under Section 38E(2) of the Act. The respondents, sons of Nadimuddin, laid a fresh challenge to the certificate dated 24.03.1970 after the latter's death. It was rejected by the Deputy Collector on 19.04.1971, affirmed by the Maharashtra Revenue Tribunal (hereinafter referred to as "the Tribunal") on 09.11.1971. The respondents then filed Regular Civil Suit No.73/1972 for declaration of title with regard to the suit lands and that the certificate issued to the predecessor of the appellant by the Land Tribunal was null and void. The suit having been decreed, was reversed in appeal by the Extra Assistant Judge, Beed in Regular Civil Appeal No.122/1976 inter alia rejecting the challenge that the Land Tribunal did not follow the procedure before issuance of the certificate. The dismissal of the suit attained finality as the respondents, legal heirs of Nadimuddin, did not challenge it before any superior forum.
(3.)On 26.05.1981, Afsar Begum, wife of Nadimuddin and mother of the respondents, filed a fresh appeal before the Deputy Collector challenging the certificate dated 24.03.1970 only with respect to Survey No.202/AA contending that she was unaware till January 1981 of the mutation entries in the name of the appellants. The Deputy Collector by order dated 20.01.1983 remanded the matter to the Additional Tehsildar. The Additional Tehsildar on 23.12.1987 held that in absence of proper entries in the tenants register, the predecessor of the appellant could not be held to be a protected tenant. The Deputy Collector in the appeal preferred by the appellant, on 30.12.1988 set aside the order of the Additional Tehsildar and ruled in favour of the appellant upholding the declaration of ownership rights under Section 38E(1) of the Act. Afsar Begum preferred a revision which was allowed by the Tribunal on 21.09.1990, affirmed by the Single Judge and the Division Bench, and which are impugned in the present proceedings.
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