As per case facts, the petitioner challenged the Maharashtra Revenue Tribunal's 2018 Order, which reversed earlier decisions in his favor regarding tenancy and land purchase. Petitioner's family claimed continuous protected ...
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AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.13209 OF 2018
Arjun Umaji Balkawade … Petitioner
Vs.
Raghunath Narayan Jagtap & Others … Respondents
Mr. Yuvraj Narvankar with Ms. Raufa Shaikh and Mr.
Kshitij Munj for the petitioner.
Mr. Prathamesh Bhargude with Mr. Sumit Sonare for
respondent No.4.
CORAM :AMIT BORKAR, J.
RESERVED ON :AUGUST 10, 2026.
PRONOUNCED ON:AUGUST 12, 2026
JUDGMENT:
1.The petitioner is challenging the Order dated 3 September
2018 passed by the Maharashtra Revenue Tribunal in Revision
Application No. TNC/REV/355/2008/P. By the said Order, the
Tribunal reversed the earlier Order dated 21 July 2008 passed by
the Sub-Divisional Officer, Maval Sub-Division, Pune in Tenancy
Appeal No. 01/2002. The Tribunal thereby interfered with the
Order dated 11 January 2001 passed by the Tahsildar in Tenancy
Case No. 03/2000.
2.The petitioners are the tenants of land bearing Gat No. 566,
admeasuring 48.6 R, which is the suit property. The predecessor of
1
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.08.12
14:08:43 +0530
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the petitioners, namely Mr. Shripati Balkawade, was cultivating the
suit property since the year 1930. He died in the year 1942. After
his death, the tenancy continued and the land was cultivated by
Mr. Umaji Shripati Balkawade. He died on 2 October 1996, leaving
behind the petitioner and respondent Nos. 8 to 15 as his legal
heirs. The present petitioner has continued to cultivate the suit
land peacefully and without interruption till date. Since Mr. Umaji
Shripati Balkawade was a tenant on the relevant date, namely 1
April 1957, he was treated as a protected tenant. Accordingly,
Mutation Entry No. 2168 was made recording him as a protected
tenant. This Mutation Entry was never challenged and has
therefore attained finality.
3.After the death of Mr. Umaji Shripati Balkawade, the names
of the present petitioner and respondent Nos. 8 to 15 were entered
in the revenue record by Mutation Entry No. 553, which was
sanctioned on 9 September 1997. This Mutation Entry was never
challenged by any of the respondents. It has therefore attained
finality and is binding upon them.
4.According to the respondents, an application under Section
32-P of the Maharashtra Tenancy and Agricultural Lands Act was
allowed on 31 December 1962. However, Mr. Umaji Balkawade
had not received any notice of those proceedings. On the contrary,
by his application dated 26 December 1962, he had expressed his
willingness to purchase the said land. The respondents did not
produce the alleged proceedings under Section 32-P before the
authorities at the relevant time and did not take any steps in
pursuance of the alleged order. These circumstances raise serious
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doubt regarding the existence, authenticity and genuineness of the
said proceedings.
5.The petitioner came to know about the alleged decision
dated 31 December 1962 under Section 32-P only when some
incomplete and unsupported record relating to the said
proceedings were produced during the hearing before the Sub-
Divisional Officer. The consolidation scheme was implemented in
the village in the year 1981-82. Even in the said consolidation
scheme, the name of Mr. Umaji Shripati Balkawade was shown as
a protected tenant. No person raised any objection or complaint
against the said entry at that time. The said record, therefore,
continued without any challenge.
6.After the proceedings under Section 32-P were brought to his
notice, the petitioner applied for issuance of a Certificate of
Purchase under Section 32-M. Notices were issued to the
respondents in those proceedings. Despite receiving the notices,
the respondents remained absent. The Talathi thereafter conducted
a panchnama. The Tahsildar determined the purchase price of the
suit property at Rs. 2,781/-. The petitioner deposited the said
amount in the Government Treasury. Thereafter, his name was
entered in the revenue record as owner by Mutation Entry No.
827. On these facts, the Tahsildar passed the Order dated 11
January 2001 under Section 32-G of the Maharashtra Tenancy and
Agricultural Lands Act.
7.The respondents, being aggrieved by the Order of the
Tahsildar, challenged the same before the Sub-Divisional Officer by
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filing Tenancy Appeal No. 1/2002. The Sub-Divisional Officer
considered the material on record and heard the parties. After
examining the matter, the Sub-Divisional Officer dismissed the
appeal and confirmed the case of the petitioner.
8.The respondents thereafter challenged the Order of the Sub-
Divisional Officer by filing Revision Application No. 355/2008
before the Maharashtra Revenue Tribunal, Pune Bench, Pune.
According to the petitioner, the Tribunal did not consider the
material available on record and proceeded on considerations
which were not relevant to the real dispute. The Tribunal
consequently allowed the Revision Application by the impugned
Order dated 3 September 2018 and reversed the Orders passed in
favour of the petitioner.
9.The impugned Order dated 3 September 2018 passed by the
Maharashtra Revenue Tribunal in Revision Application No.
TNC/REV/355/2008/P was challenged by the petitioner by filing
the present Writ Petition on 19 September 2018. The Petition was
mentioned and was thereafter listed on 25 October 2018 and 26
November 2018. The matter was heard at length on 27 November
2018. On that date, this Court called for the original record and
proceedings. The Advocate appearing for the respondent, on
instructions, made a statement that the respondent would not take
any steps in furtherance of the impugned Order. The said
statement was continued on 9 January 2019. Thereafter, although
the matter was listed on 23 January 2019 and 20 February 2019, it
did not reach for hearing. The order of ad-interim protection, if
any, was continued on those dates.
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10.When the matter was again listed on 25 February 2019, the
earlier statement was not continued on the record. However, an
assurance was given that no further steps would be taken in
pursuance of the impugned Order. The matter was thereafter listed
on 8 April 2019, but it did not reach. Taking advantage of this
situation, the respondent acted upon the impugned Order. A
mutation entry was made in the revenue record in pursuance of
the impugned Order. This was done without giving any notice or
intimation to the petitioner. The petitioner came to know about the
said change in the revenue record only on 9 April 2019.
11.Mr. Narvankar, learned Advocate appearing for the
petitioner, submitted that the Tribunal failed to consider that the
name of the petitioner's predecessor in title was continuously
recorded as tenant in the revenue records from the year 1953-54
till the year 1973-74. During the same period, the cultivation of
the land was shown in the name of Umaji Balkawade. These
entries in the revenue record are inconsistent with the
respondents' claim that proceedings under Section 32-P had taken
place.
12.Learned Advocate further submitted that the alleged
proceedings under Section 32-P were never brought to the notice
of the petitioner's predecessor in title. On the contrary, the
application made by Umaji Balkawade on 26 December 1962
shows that he was ready and willing to exercise his right to
purchase the land. According to the petitioner, when the tenant
had expressed his willingness to purchase the land, there was no
reason for initiating or completing proceedings under Section 32-P.
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13.Learned Advocate submitted that the Tribunal committed an
error in relying upon the illegible zerox copies produced by the
respondents. The Sub-Divisional Officer had declined to rely upon
those documents as they were not authenticated. In such
circumstances, the proper course would have been to call for the
original record and proceedings and then examine the alleged
proceedings under Section 32-P. However, while deciding the
Revision Application, the Maharashtra Revenue Tribunal relied
upon the same set of record without calling for the original record
and proceedings.
14.Learned Advocate submitted that the Tribunal erred in
relying upon Revenue Entry No. 2496 for coming to the conclusion
that proceedings under Section 32-P had taken place. Firstly, the
said revenue entry was not supported by any original or other
reliable documentary evidence and was not brought to the notice
of the petitioner. Secondly, the said entry was completely
inconsistent with the continued recording of the petitioner's name
in the revenue record and with his continued possession and
cultivation of the suit land. Thirdly, a revenue entry is only a piece
of presumptive evidence. It cannot take the place of a proper order
passed in valid proceedings under the Tenancy Act.
15.Learned Advocate further submitted that the issuance of the
Certificate under Section 32-M completed and confirmed the
petitioner's title as purchaser of the suit land. According to him,
such title would relate back to the deemed date under the
provisions of the Tenancy Act.
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16.Learned Advocate submitted that the conduct of the
respondents is important. Their silence and failure to take any
steps for a long period support the case of the petitioner. According
to him, the absence of any action on the part of the respondents
strengthens the petitioner's contention that the alleged
proceedings under Section 32-P were never validly acted upon.
17.Learned Advocate submitted that the Respondent acted with
deliberate intention in getting the mutation entry made in
pursuance of the impugned Order, even though the impugned
Order was under challenge before this Court and the matter was
pending consideration. According to him, the mutation was made
with the object of defeating the petitioner's long-standing rights in
the suit property. He therefore submitted that the said mutation is
illegal and liable to be set aside.
18.The petitioner had been declared to be the deemed
purchaser and was continuously cultivating the suit land
peacefully. The petitioner had submitted applications to the
Revenue Authorities informing them about the pendency and
progress of the proceedings before this Court and requesting them
not to take any steps in pursuance of the impugned Order. Despite
this, and despite the fact that the proceedings were pending before
this Court, Mutation Entry No. 2645 was made in the revenue
record. Learned Advocate therefore submitted that the said
mutation entry is liable to be set aside because it was made only in
pursuance of the impugned Order, which is under challenge.
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19.Mutation Entry No. 2645 was apparently recorded in the
mutation register on 30/03/2019. However, no notice of the said
mutation was given to the petitioner or, according to the
submission, to any person concerned, though such notice is
required under the provisions of the Maharashtra Land Revenue
Code, 1966. It was further submitted that Mr. Haribhau Narayan
Jagtap, whose name has been recorded in the said mutation entry
as the Manager of the HUF, had died in the year 1988. Therefore,
according to the petitioner, recording the name of a person who
had died in 1988 as HUF Manager in Mutation Entry No. 2645
makes the said entry legally unsustainable and a nullity.
20.Learned Advocate lastly submitted that the petitioner has not
been supplied with a copy of the diary or original record relating
to Mutation Entry No. 2645. The petitioner therefore reserves his
right to challenge the said mutation entry further after receiving
the original record and relevant documents.
21.Mr. Narvankar, learned Advocate for the petitioner, relied
upon the judgment of the Supreme Court in
N. Jayaram Reddy v.
Revenue Divisional Officer,
reported in (1979) 3 SCC 578. Relying
on the said judgment, he submitted that where a party, despite
having an opportunity, deliberately does not raise a plea of nullity
at the relevant stage, such party cannot later be permitted to raise
the same plea whenever it suits him, particularly when allowing
such a plea would cause prejudice to the other party.
22.He further relied upon the judgment of this Court in Jaywant
Narayan Maind v. Dattatraya Jagannath Lale,
reported in 1989
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SCC OnLine Bom 15. According to learned Advocate, the said
judgment makes it clear that an order passed under Section 32-P
of the Bombay Tenancy and Agricultural Lands Act cannot have
any effective consequence against the concerned tenant unless the
said order is duly communicated to him. On this basis, he
submitted that the alleged order under Section 32-P, which was
never communicated to the petitioner's predecessor, could not
have been relied upon for defeating the petitioner's rights in the
suit land.
23.Mr. Bhargude, learned Advocate appearing for the
respondents, submitted that the Order passed by the Tahsildar is a
nullity because it was passed against a person who was dead. He
submitted that the Order was passed without giving an
opportunity of hearing to respondent Nos. 1 to 7 or to their
predecessor in title. According to him, the proceedings were
therefore ex parte and could not have resulted in a valid order.
24.He submitted that Haribhau Narayan Jagtap had died.
Despite knowing about his death, the petitioner initiated the
proceedings in his name and did not issue notice to the
respondents, who were his legal heirs. According to learned
Advocate, the proceedings were continued without bringing the
legal heirs of Haribhau Narayan Jagtap on record.
25.Learned Advocate further submitted that the proceedings
were conducted in collusion with the Talathi. The legal heirs of
Haribhau Narayan Jagtap, namely Respondent Nos. 1 to 7, were
not brought on record. No proper order was passed bringing them
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into the proceedings, despite the Tahsildar and the Talathi having
knowledge of the death of Haribhau Narayan Jagtap and the
existence of his legal heirs. In these circumstances, according to
learned Advocate, the Order passed by the Tahsildar is a nullity in
the eyes of law.
26.Learned Advocate then submitted that the Order passed
under Section 32-P and the statement recorded in those
proceedings were never challenged. The said Order therefore
continued to operate and, according to him, had the effect of res
judicata. Therefore, without first challenging the Order passed
under Section 32-P, the petitioner could not have initiated fresh
proceedings under Section 32-G. He submitted that the statement
made by the father of the petitioner before the Additional
Tahsildar supports this position. According to him, the earlier
proceedings and the statement were brought to the notice of the
Additional Tahsildar. Therefore, unless the earlier Order under
Section 32-P was challenged, the subsequent proceedings under
Section 32-G could not have been initiated. The proceedings under
Section 32-G were consequently barred by the principle of res
judicata.
27.Learned Advocate relied upon Mutation Entry No. 2496,
which, according to him, shows that effect was given to the Order
passed under Section 32-P in the revenue record. He submitted
that although the name of the petitioner's father continued to
appear in the 7/12 extract for some time, the subsequent revenue
entries show that the Order under Section 32-P was acted upon.
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28.He submitted that after Narayan Tukaram Jagtap died on 9
January 1975, the name of Haribhau Narayan Jagtap was entered
in the 7/12 extract. According to him, the earlier Mutation Entry
was thereafter given effect to. He referred to pages 45 and 46 of
the record and submitted that from the year 1977 the names of the
predecessors of respondent Nos. 1 to 7 were entered in the 7/12
extracts. According to him, these entries show that the
respondents' predecessor was treated as having the rights in the
suit land in pursuance of the earlier proceedings.
29.Learned Advocate then relied upon the conduct of the
petitioner and his predecessor after the year 1962. He submitted
that neither Umaji Balkawade nor the present petitioner made any
claim of tenancy from 1962 till the death of Umaji Balkawade in
the year 1996. According to him, if Umaji Balkawade was really
claiming tenancy rights in the suit land, there was no reason for
him to remain silent for such a long period. The claim was made
only after about four years from the death of Umaji Balkawade,
when proceedings under Section 32-G were initiated on 13 July
2000. According to learned Advocate, the petitioner therefore
sought to assert a tenancy claim for the first time against a person
who was dead.
30.Learned Advocate referred to pages 54 and 55 of the record
and relied upon Mutation Entry No. 827 dated 16 May 2001.
According to him, the said entry shows that on 18 May 2001, for
the first time, the names of the predecessors of respondent Nos. 1
to 7 were removed from the 7/12 extract. This was done on the
basis of the Order obtained by the petitioner from the Agricultural
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Lands Tribunal under Section 32-G. He therefore submitted that
the revenue record shows that the petitioner's claim resulted in
removal of the respondents' predecessors' names only in the year
2001.
31.Learned Advocate lastly submitted that the petitioner had
not disclosed the relationship between the parties and had not
placed the relevant facts concerning the family relationship before
the authorities. According to him, this non-disclosure was material
because the identity of the parties and their relationship with the
deceased person were relevant for deciding who was entitled to
notice and an opportunity of hearing in the tenancy proceedings.
REASONS AND ANALYSIS:
32.The submissions made by both sides, the material which was
before the Tahsildar, the order passed in the Section 32-G
proceedings and the findings given by the Maharashtra Revenue
Tribunal are considered together. The first question which arises is
whether the proceeding of 1962 had decided the right of purchase.
The next question is whether the later proceeding before the
Tahsildar could at all be taken up in law.
33.The land in dispute is old Survey No. 262, now Gat No. 566,
having area of about 1 Acre 8 Gunthas. The Section 32-G order
records that Arjun Umaji Balkawade filed an application on 13 July
2000 claiming tenancy through his father Umaji Balkawade and
asking for determination of the purchase price. It is recorded that
the applicants relied upon the earlier revenue entries showing
tenancy and cultivation. The relationship of Umaji Balkawade with
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his heirs is mentioned. It is shown that after the death of Umaji,
his sons and other heirs claimed through him.
34.The case of the petitioners is that Umaji Balkawade was a
tenant and was cultivating the suit land for many years. His name
is found in the revenue record in relation to the cultivation. Even
the Section 32-G order records that the Village Form 7/12 and
other revenue record showed the name of Umaji Balkawade in
relation to cultivation of the land. Therefore, it cannot be said that
the tenancy claim was made for the first time in the year 2000
without there being any earlier material in support of the same.
35.This submission of the petitioners has some force, but it does
not decide the entire dispute. The revenue entries showing tenancy
and cultivation are relevant and have to be considered. However,
such entries cannot take away the effect of an earlier order, if that
order is shown to have been passed and thereafter acted upon.
Therefore, what had happened in the year 1962 becomes an
important question for consideration.
36.The respondents rely upon the order dated 31 December
1962 and Mutation Entry No. 2496 dated 18 January 1963.
According to them, in the proceedings of 1962, Umaji Balkawade
had stated that he did not want to purchase the land. The
landowner Narayan Jagtap had stated that he wanted to cultivate
the land. On this basis, the purchase under Section 32-G was
treated as ineffective and the land was given back to the
landowner. The Maharashtra Revenue Tribunal considered this
part of the earlier proceeding. It noticed that the order dated 31
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December 1962 referred to the statements of Umaji Balkawade
and Narayan Jagtap recorded on 26 December 1962.
37.This finding of the Tribunal cannot be rejected only on the
ground that the petitioner contends that the xerox copy of the
1962 order is not clear. The Tribunal did not consider the 1962
order alone. It considered what happened after that order.
Mutation Entry No. 2496 was made on 18 January 1963. The
Tribunal found that thereafter the Village Form 7/12 showed
cultivation by Narayan Tukaram Jagtap from 1966-67 onwards.
38.This later revenue record is important. If the 1962 order was
only a paper and was never acted upon, the later entries would
create some doubt. But the material considered by the Tribunal
shows a sequence of events. First, there was the order dated 31
December 1962. Then Mutation Entry No. 2496 was made on 18
January 1963. Thereafter, from 1966-67, the landowner was
shown as cultivating the land in the 7/12 extract. These
circumstances support the finding that the 1962 order was acted
upon.
39.The petitioner contends that this finding is not correct
because the revenue record from 1953-54 to 1973-74 continued to
show the name of Umaji Balkawade as tenant and cultivator. There
may be some entries in the revenue record which appear to be
different from each other. Such difference in the entries has to be
understood. But merely because some entries appear to be
inconsistent, it cannot be said that the 1962 order did not exist.
The Tribunal has found a particular change in the later cultivation
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record. The 7/12 extract relied upon by the Tribunal showed
cultivation by the landowner from 1966-67.
40.The petitioner's reliance on the consolidation scheme of
1981-82 requires consideration. If Umaji was shown as a protected
tenant even in that record, it is a circumstance supporting the
petitioner's case. But this entry cannot cancel an earlier order. It
would be necessary to see whether the consolidation authority had
considered the earlier Section 32-P or Section 32-G proceedings
and thereafter taken any decision against that earlier order. There
is no material before the Court to show that the consolidation
authority decided the validity of the 1962 order. Therefore, the
consolidation entry creates a question regarding the revenue
record, but it does not prove that the 1962 order was never passed
or was never acted upon.
41.The application dated 26 December 1962 relied upon by the
petitioners requires consideration. The petitioners contend that
Umaji had shown his willingness to purchase the land and
therefore the finding that he did not want to purchase the land is
incorrect. If the original application shows such willingness, there
would be a conflict between that document and the statement
relied upon in the 1962 order. But the Tribunal has recorded that
the order of 1962 referred to the statement of Umaji Balkawade
and found that he did not wish to purchase the land. Unless the
original proceedings of 1962 are displaced by reliable material, the
finding recorded in that order cannot be rejected only on the basis
of a later statement about what was stated in another document.
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42.There is the question whether the 1962 order was ever
challenged. The Tribunal found that neither the order dated 31
December 1962 nor Mutation Entry No. 2496 was challenged by
Umaji Balkawade at any time. The Tribunal therefore held that the
order had attained finality. This is an important circumstance. The
person whose tenancy right was affected was Umaji Balkawade. If
the order was known to him and was acted upon in the revenue
record, his failure to challenge it for such a long period cannot be
treated as having no meaning.
43.The decision in Jaiwant Narayan Maind, has to be
understood from the facts of that case. The judgment does
recognise that when an order is passed behind the back of the
concerned party, some intimation may become necessary because
the law provides a right of appeal. The Court observed:
“Perhaps, where the order is passed behind the back of the
parties as in the present case, an intimation may be
necessary to be sent to the parties because an appeal is
provided from the order u/s. 32G but the mere tact that the
intimation has not been sent will not Invalidate the order
which has been passed.”
44.This observation does not mean that every order which is not
communicated becomes void. In the present case, there is material
showing that after the 1962 order, Mutation Entry No. 2496 was
made and later revenue entries showed cultivation by the
landowner. Therefore, the Tribunal had material before it to
conclude that the 1962 order had been acted upon.
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45.The next question is regarding the validity of the Section 32-
G proceeding of the year 2000. On this question, the submission of
the respondents has force. The application dated 13 July 2000 was
made by Arjun Balkawade. The Section 32-G order shows that
Umaji Balkawade was dead and that several of his heirs were
shown as applicants. On the side of the landowners, however, only
Narayan Tukaram Jagtap and Haribhau Narayan Jagtap were
shown as respondents.
46.The Maharashtra Revenue Tribunal found that Haribhau
Narayan Jagtap had died in 1988. It found that the report
regarding the notice sent to Haribhau showed that he was dead
and that the Talathi had recorded this fact in the Panchanama. The
Tribunal further found that the other heirs of the original
landowner, namely Draupadibai, Raghunath, Baban, Ashok and
Vitthal, were not made parties and were not given notice.
47.This finding goes to the basic foundation of the Section 32-G
proceeding. A proceeding in which the tenant is seeking to
purchase the land affects the rights of the landowner. The persons
whose rights are going to be affected must get an opportunity to
put forward their case. A dead person cannot receive notice and
cannot defend the case. Therefore, if Haribhau had died and his
legal heirs were not brought on record, the proceeding could not
continue against him as if he was alive.
48.The Supreme Court's observation in N. Jayaram Reddy
explains the reason for this rule. It states:
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“The basic fact remains that a decree against a dead person
is treated as a nullity because it cannot be allowed to operate
against his legal representative when he was never brought
on the record to defend the case.”
49.The principle is that a legal representative cannot be made
bound by an order when the person representing the estate was
never given an opportunity to defend it. This becomes more
important where the order decides substantive tenancy rights.
50.The decision in Gurnam Singh v. Gurbachan Kaur, (2017) 13
SCC 414, holds the settled principle that an order passed for or
against a dead person may be a nullity. The Supreme Court relied
upon
Kiran Singh v. Chaman Paswan AIR 1954 SC 340 and
observed:
“a decree passed by a court without jurisdiction is a nullity”
51.The Supreme Court held that such invalidity can be raised
whenever and wherever the decree is sought to be enforced. This
principle is relevant here because the respondents’ case is that the
proceeding was conducted against a person who had died and
without bringing the persons who were entitled to represent his
interest on record.
52.The petitioner submits that respondent Nos. 1 to 7
subsequently challenged the Tahsildar's order before the Sub-
Divisional Officer and therefore the defect should be treated as
cured. I am unable to accept this submission. A later appeal cannot
create jurisdiction which was absent at the beginning. If the
original proceeding was conducted against a dead person and the
persons whose rights were affected were not before the authority,
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their later participation in appeal cannot make the original
proceeding valid.
53.There is another difficulty in the petitioner's case. The
Section 32-G order contends that the landowners were served and
the matter was taken up for hearing. But the Tribunal examined
the actual record and found that the only landowner party was
Haribhau, who was dead, while the other heirs were not joined
and were not served. Therefore, the general statement in the
Tahsildar's order regarding service cannot overcome the material
found in the notice report and Panchanama showing that Haribhau
was dead.
54.The petitioner submits that the Tahsildar fixed the purchase
price and therefore the proceeding was completed. It is true that
the Section 32-G order contains calculation of the purchase price
and records that the applicants were entitled to the benefit of the
Section 32-G proceedings. But fixing the price is only one part of
the proceeding. It cannot make a defective proceeding valid when
the necessary persons were not before the authority.
55.The petitioner's reliance upon Mutation Entry No. 553 and
his continued possession does not change this conclusion.
Continuous possession and revenue entries can support a tenancy
claim. But they cannot bring back a purchase right which had been
dealt with by the order dated 31 December 1962, if that order is
otherwise proved and binding. Similarly, possession cannot remove
the requirement of hearing the landowners in the proceeding of
2000.
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56.The Tribunal's conclusion that the 1962 proceedings had
attained finality is therefore supported by more than the disputed
xerox copy. There is the order dated 31 December 1962, the
statement of Umaji recorded on 26 December 1962 as referred to
in that order, Mutation Entry No. 2496 dated 18 January 1963 and
the later 7/12 record showing cultivation by the landowner from
1966-67. These circumstances together form one chain of events.
The petitioners have not placed material sufficient to break that
chain.
57.The fact that the 1962 order was never challenged is
important. The Tribunal found that neither Umaji Balkawade nor
his successors challenged the order or Mutation Entry No. 2496.
The petitioner's present claim was started only in the year 2000,
many years after the 1962 order. Therefore, reopening the same
purchase question after such a long period cannot be allowed
unless the petitioner proves that the earlier order was void or had
no legal effect. On the material available, that has not been
proved.
58.I, therefore, do not accept the submission of the petitioner
that the 1962 order should be rejected only because the copy
produced before the Sub-Divisional Officer was not fully clear. The
Tribunal noticed that the later Mutation Entry No. 2496 and the
subsequent cultivation entries gave separate support to the
existence and implementation of the 1962 order. If the Sub-
Divisional Officer had doubt about the 1962 order, he was required
to explain how Mutation Entry No. 2496 came to be made and
why thereafter the 7/12 record showed the landowner's
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cultivation. The Tribunal found that this was not done.
59.The principle of res judicata therefore has some application.
Once the 1962 proceeding is accepted as a valid decision
concerning purchase of the same land on the same tenancy claim,
the same issue could not be reopened in 2000 by filing another
application under Section 32-G. The authority could not again
decide the same issue as if there had been no earlier decision.
60.The conduct of the petitioner's predecessor is relevant. There
is no material showing that Umaji Balkawade challenged the 1962
order during his lifetime. The Tribunal found that the order and
Mutation Entry No. 2496 remained unchallenged. The long period
between 1962 and 2000 therefore cannot be completely ignored.
61.The result is that the petitioner's challenge to the 1962 order
cannot succeed. The material before the Court is sufficient to hold
that the order dated 31 December 1962 was acted upon and had
attained finality. The later Section 32-G proceeding could not be
used to reopen that issue.
62.The position regarding the Section 32-G proceeding of 2000
is clear. The Tahsildar proceeded against Haribhau Narayan Jagtap
although the record showed that he had died in 1988. The other
heirs of Narayan Jagtap were not brought on record and were not
given notice. The Tribunal therefore rightly noticed that the
Tahsildar's order was passed without giving the necessary persons
an opportunity to place their case before the authority.
63.The Tribunal has stated:
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“Therefore, the order dated 11 January 2001 passed by the
Tahsildar allowing the application of respondent No. 3 was
passed against a deceased person and without giving the
necessary parties an opportunity to put forward their case.”
64.This finding that the order was void ab initio cannot be said
to have been made without any basis. It follows from the material
regarding the death of Haribhau and the fact that the other heirs
were not made parties. The petitioner's later reliance upon that
order cannot remove this basic defect.
65.The reliance of the petitioner upon N. Jayaram Reddy does
not change the result. That judgment holds that a legal
representative may choose to give up the objection of failure to
bring legal representatives on record in the appeal filed by other
side. Here, the respondents have not given up that objection. They
raised it and continued to challenge the order before the higher
authorities. Therefore, the principle relied upon by Mr. Narvankar
does not prevent the respondents from questioning the validity of
the 2000 proceeding.
66.The decision in Jaiwant Narayan Maind does not help the
petitioner. That decision does not remove the need of giving a fair
opportunity where the order is passed behind the back of the
concerned person. Here, the difficulty is still more basic. The
person shown as a party had died. The other persons who were
required to be heard were not made parties.
67.The submission that the respondents had knowledge of the
Section 32-G proceeding because they later challenged the order
cannot change the result. The right of hearing must be available
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when the original authority decides the matter. A person cannot be
deprived of his first opportunity before the authority and then be
told that he can correct the defect in appeal.
68.After considering the entire material, I find that the
Maharashtra Revenue Tribunal was right in allowing Revision
Application No. TNC/REV/355/2008/P. Accordingly, the challenge
to the impugned Order dated 03/09/2018 fails.
69.The Writ Petition is therefore liable to be dismissed.
70.The Writ Petition is dismissed. Rule is discharged.
71.In the facts and circumstances of the case, there shall be no
order as to costs.
72.At this stage, Mr. Narvankar, learned Advocate for the
petitioner seeks continuation of interim relief. Considering the fact
that during the pendency of the writ petition, interim relief was in
force, same will be continued for a period of six weeks from today.
(AMIT BORKAR, J.)
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In a significant ruling concerning the application of the Maharashtra Tenancy and Agricultural Lands Act, the High Court of Judicature at Bombay recently addressed complex issues surrounding land ownership and tenancy rights. This decision, emerging from Writ Petition No. 13209 of 2018, reinforces critical principles observed in various Revenue Tribunal Judgments, clarifying how prior orders impact subsequent claims. Lawyers and legal students can find a comprehensive analysis of this and similar cases on CaseOn, highlighting their importance in property law.
The petitioner, Arjun Umaji Balkawade, challenged an order from the Maharashtra Revenue Tribunal dated September 3, 2018. This Tribunal order had reversed an earlier decision by the Sub-Divisional Officer, which initially favored the petitioner. The core dispute revolved around the tenancy and eventual purchase rights over land, specifically Gat No. 566 (formerly Survey No. 262), admeasuring 48.6 R.
The High Court's decision drew upon several foundational legal principles:
Specifically, Sections 32-P (dealing with the termination of tenancy and disposal of land) and 32-G (regarding the determination of purchase price by the Tahsildar for tenant's purchase rights) were central to the arguments.
A matter once decided by a competent authority cannot be re-litigated between the same parties or their successors on the same issues.
An order passed against a person who is already deceased, without their legal representatives being brought on record, is considered a nullity. This principle stems from Supreme Court rulings like N. Jayaram Reddy, Gurnam Singh v. Gurbachan Kaur, and Kiran Singh v. Chaman Paswan.
Any person whose rights are affected by legal proceedings must be given a fair opportunity to present their case.
While revenue entries (like 7/12 extracts or mutation entries) are presumptive evidence, they cannot override a valid judicial or quasi-judicial order. However, their consistency over time can support findings about an order being acted upon.
A fundamental defect in original proceedings, such as an order being void ab initio (from the beginning) due to lack of proper parties or jurisdiction, cannot be cured merely by the participation of parties in a later appeal.
The petitioner argued that the alleged 1962 Section 32-P order, which supposedly recorded the predecessor Umaji Balkawade’s unwillingness to purchase the land, was not authentic, not communicated, and never acted upon. They pointed to revenue records from 1953-54 to 1973-74 and a 1981-82 consolidation scheme that continued to show Umaji as a protected tenant.
However, the respondents relied on the 1962 order and Mutation Entry No. 2496 (dated January 18, 1963), which followed it. They presented revenue records from 1966-67 onwards showing the landowner cultivating the land. The Maharashtra Revenue Tribunal (MRT), and subsequently the High Court, found this sequence of events compelling. The fact that the 1962 order and the mutation entry were never challenged by Umaji Balkawade or his successors for a significant period (until 2000) indicated that the order had attained finality and was acted upon.
The Court acknowledged that while some revenue entries might seem inconsistent, they did not negate the existence and implementation of the 1962 order, especially when supported by a chain of subsequent events. Therefore, the principle of res judicata applied, barring the petitioner from reopening the purchase question in 2000.
The second major point of contention was the Tahsildar’s 2001 order, which fixed the purchase price based on the petitioner’s 2000 application. The respondents argued this order was a nullity because the proceedings were initiated against Haribhau Narayan Jagtap, who had died in 1988. Crucially, his other legal heirs (Respondent Nos. 1 to 7) were not brought on record or given notice.
The MRT confirmed that Haribhau Narayan Jagtap was indeed deceased, a fact noted in the Talathi’s panchanama. The Tribunal also found that other necessary heirs of the original landowner were neither made parties nor served notice.
The High Court strongly affirmed this finding. It emphasized that a proceeding seeking to affect a landowner's rights must afford them an opportunity to defend their case. Conducting proceedings against a deceased person, without involving their legal representatives, renders the entire process void ab initio. The Court dismissed the argument that the respondents’ later participation in the appeal cured this fundamental defect, stating that jurisdiction absent at the beginning cannot be created retrospectively.
Legal professionals often grapple with such intricate procedural details. To make these complex rulings more accessible, CaseOn.in offers 2-minute audio briefs that highlight the essential facts and legal reasoning, helping legal professionals quickly grasp the implications of these specific rulings from the Maharashtra High Court and other tribunals.
The High Court found that the Maharashtra Revenue Tribunal correctly allowed the Revision Application No. TNC/REV/355/2008/P. The challenge to the impugned order dated September 3, 2018, therefore failed.
Consequently, the Writ Petition was dismissed, and the Rule was discharged. Interim relief was, however, continued for a period of six weeks to allow the petitioner to pursue further remedies.
This judgment serves as a crucial reference for anyone dealing with property law, especially under the Maharashtra Tenancy and Agricultural Lands Act. It reiterates the fundamental importance of:
For both aspiring and practicing legal professionals, understanding these nuances is essential for effective litigation and advisory work in tenancy and land dispute cases.
All information provided in this article is for informational purposes only and does not constitute legal advice. Readers are encouraged to seek independent legal counsel for advice on specific situations.
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