VAIJINATH Vs. AFSAR BEGUM
SUPREME COURT OF INDIA
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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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