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PETITIONER: SHANTABAI VITHAL PATIL (DEAD) BY LRS. & ORS.

       Vs.

RESPONDENT: AMBAJI LAXMAN THAKUR (DEAD) BY LRS. & ANR.

DATE OF JUDGMENT:       14/10/1998

BENCH: G.T.NANAVATI, S.P.KURDUKAR

ACT:

HEADNOTE:

JUDGMENT:  JUDGMENT Nanavati.J. This appeal is filed by the heirs  of  the  landlady against  the  judgment and order passed by the High Court of Bombay in Writ Petition No.  3682 of 1981.  The  High  Court dismissed  the  writ  petition  filed  by  them  because the Tehsildar Alibag the Sub-Divisional Officer, Alibag and  the Maharashtra  Revenue  Tribunal  have  recorded  a concurrent finding that the landlady after  obtaining  possession  from the  tenant  under  Section  31  of  the  Bombay Tenancy and Agricultural Lands Act.  1948 had ceased  to  cultivate  the land  personally within the period of 12 years and therefore the  original  tenant  has  become  entitled  to  get   back possession of the said land. After going through the record.  we also  find  that the  said  finding  is not only supported by the material on record but is also correct.  In the  record  of  rights,  in Form No.    12,  it  is  clearly  recorded  that Pushoalate, married daughter of the landlady had cultivated the land  in 1973 and  1974.    That would mean that the landlady was not cultivating the land personally after  obtaining  possession of it  from  the  tenant.    The  Tehsildar,  therefore, was justified in allowing the application for  possession  filed by the  tenant under Section 37 of the Act.  The appeal, the revision and the writ petition were rightly dismissed>  This appeal is dismissed with on order as to costs.