LATE KASHINATH SHIVRAM BHARATI @ GOSAVI THRU LHRS vs LAXMAN GYANBA BHARATI @ GIRI AND ORS
- Court
- Bombay High Court
- Case type
- Writ Petition
- Decided on
- 26-03-2026
<div> <b>2026:BHC-AS:14640</b><br /> Megha 3_wp_1250_2020_fc<br /> IN THE HIGH COURT OF JUDICATURE AT BOMBAY<br /> CIVIL APPELLATE JURISDICTION<br /> WRIT PETITION NO.1250 OF 2020<br /> Late Kashinath Shivram Bharati alias<br /> Gosavi through his legal heirs<br /> (a) Shantaram Kashinath Bharati alias<br /> Gosavi and Ors. ...Petitioners<br /> V/s.<br /> 1. Laxman Gyanba Bharati alias Giri<br /> and Ors. ...Respondents<br /> ________________<br /> Mr. Anil Anturkar, Senior Advocate i/b. Mr. Prathamesh Bhargude for<br /> the Petitioners.<br /> Mr. Prasad S. Dani, Senior Advocate with Ms. Akanksha Gond & Ms.<br /> Shubhangi for the Respondents.<br /> ________________<br /> CORAM: SANDEEP V. MARNE, J.<br /> RESERVED ON: 5 MARCH 2026.<br /> PRONOUNCED ON: 26 MARCH 2026.<br /> JUDGMENT:<br /> 1) By this Petition, Petitioners have challenged the judgment and<br /> order dated 30 December 2019 passed by the learned Member (Judicial),<br /> Maharashtra Revenue Tribunal, Pune, (MRT) dismissing their Revision<br /> Application and confirming the order passed by the Sub Divisional<br /> Officer, Pune on 16 May 2016.<br /> Page No. 1 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> 2) The Sub Divisional Officer (SDO) in turn had dismissed the<br /> Appeal preferred by Petitioners and confirmed the order of Tahasildar<br /> dated 5 January 2016 setting aside Mutation Entry No.2057. In short,<br /> the tenancy claim of the Petitioners in respect of concerned agricultural<br /> lands has been negatived concurrently by Tahasildar, SDO and MRT.<br /> 3) Briefly stated, facts of the case are that the lands bearing old<br /> Survey No.106/2017 (new Gat No.552), old Survey No.106/2013 (new<br /> Gat No.538), old Survey No.100 and 101(new Gat No.495), old Survey<br /> No.86/1/2,3,4,5 (new Gat No.452) and old Survey No.106/3 (new Gat<br /> No.554) at Village -Nimgaon-Mhalunge, Taluka-Shirur, District-Pune<br /> are subject matter of the Petition, which are hereinafter referred to as<br /> the ‘suit lands’. The suit lands were originally owned by Shankar<br /> Kisangir Gosavi, who passed away on 26 November 1931, leaving behind<br /> his wife-Parvatibai Shankar Gosavi (Parvatibai) and son-Dattu. Dattu<br /> passed away in the year 1934 and accordingly name of Parvatibai Gosavi<br /> was mutated in respect of the suit lands. Partvatibai had two brothers<br /> Kashinath and Gyanba. On 18 January 1945, Parvatibai adopted her<br /> brother-Gyanba and changed his name as Raghunathgir Shankargir<br /> Gosavi (Raghunath). Accordingly, Raghunath became heir of Paravatibai<br /> in his capacity as adopted son. Parvatibai’s brother-Kashinath Shivram<br /> Bharati (Kashinath) claimed tenancy rights in respect of lands on the<br /> strength of his cultivation as on tiller’s day of 1 April 1957. He filed<br /> application under Section 32G of the Maharashtra Tenancy and<br /> Agricultural Lands Act, 1948 (Tenancy Act) before the Tahasildar and<br /> Agricultural Lands Tribunal (ALT), which was registered as Tenancy<br /> Case No.98 of 1993. The ALT accepted the tenancy claim of Kashinath<br /> Page No. 2 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> and proceeded to fix the purchase price in respect of suit lands vide<br /> order dated 30 July 2002. The ALT’s order dated 30 July 2002 was<br /> challenged by the heirs of Raghunath viz., Laxman, Kundlik and<br /> Anusaya before the SDO, Maval. The SDO proceeded to allow the<br /> Appeal partly and set aside ALT’s order dated 30 July 2002 and<br /> remanded the proceedings for fresh enquiry before ALT. In the<br /> meantime, Kashinath passed away and his heirs preferred Revision<br /> Application No. 95 of 2016 before MRT challenging the remand order of<br /> SDO dated 28 November 2005.<br /> 4) During pendency of the Revision before the MRT, the ALT<br /> proceeded to conduct fresh enquiry in pursuance of remand order made<br /> by the SDO. The ALT passed detailed order dated 4 January 2016<br /> declining the tenancy claim of Kashinath and his heirs and set aside<br /> Mutation Entry No.2057 effected in respect of the suit lands on account<br /> of the first order of ALT dated 30 July 2002. The ALT however, directed<br /> that its order was subject to pending revision before the MRT.<br /> 5) The Petitioners (heirs of Kashinath) preferred Appeal No.52 of<br /> 2016 before the SDO, Maval challenging ALT’s order dated 4 January<br /> 2016. By order dated 16 May 2016, the SDO proceeded to dismiss the<br /> Appeal of the Petitioners. Petitioners preferred revision before the MRT<br /> challenging the order of the SDO. By judgment dated 30 December<br /> 2019, MRT proceeded to dismiss the Revision preferred by the<br /> Petitioners. Aggrieved by orders passed by the ALT, SDO and MRT,<br /> Petitioners have filed the present Petition.<br /> Page No. 3 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> 6) Mr. Anturkar, the learned Senior Advocate appearing for the<br /> Petitioners has submitted that the ALT, SDO and MRT have grossly<br /> erred in rejecting the tenancy claim of Kashinath solely on the ground<br /> that he is brother of landlady- Parvatibai. He submits that brother of<br /> married Hindu lady does not fit into expression ‘member of owner’s<br /> family’ used in Section 4(1)(a) of the Tenancy Act. That the law<br /> recognises and permits a relative to cultivate the land as a tenant. That<br /> a brother is not always member of family of a married sister, who<br /> resides separately and has her own family. That in the present case,<br /> Parvatibai was married to Shankargir and had son Dattu and later<br /> adopted Gyanba (Raghunath). That therefore Parvatibai, her husband,<br /> son and adopted son formed a ‘family’ and it cannot be contended that<br /> her brother -Kashinath residing separately with his family would be a<br /> part of her family. It is only in a case involving widowed sister returning<br /> to her matrimonial family for residence can be treated as part of same<br /> family unit. However, sister residing separately with her own family<br /> members can allow brother to cultivate the land in capacity as tenant.<br /> He relies on judgment of Division Bench of Gujarat High Court in Bai<br /> 1<br /> Pirojabai w/o. Pestanji V/s. Gujarat Revenue Tribunal in support of his<br /> contention that a brother under Section 4 of Tenancy Act can be a<br /> tenant.<br /> 7) Without prejudice to the contention that Kashinath was not<br /> member of owner’s family under Section 4(1)(a) of the Tenancy Act, Mr.<br /> Anturkar submits that Kashinath was otherwise a protected tenant<br /> under provisions of Section 4A of the Tenancy Act. He relies on findings<br /> 1 Special C.A. No.15 of 1962, decided on 19 April1963.<br /> Page No. 4 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> recorded by the SDO in the order dated 28 November 2005 that name of<br /> Kashinath was mutated as ‘protected tenant’ in respect of land bearing<br /> Survey No.100 and 101 (Gat No.495). He would therefore submit that<br /> Kashinath was entitled to purchase at least the land bearing Gat<br /> No.495.<br /> 8) Mr. Anturkar further submits that provisions of Section 32F of the<br /> Tenancy Act do not apply to the present case since adopted son-<br /> Raghunath was major as on tiller’s day of 1 April 1957, whose age was<br /> 30 years. That therefore there was no necessity of giving notice of<br /> purchase either to Parvatibai or to her adopted son. That the ALT, SDO<br /> and MRT have grossly failed to appreciate the above position and have<br /> erroneously rejected the tenancy claim of the Petitioners.<br /> 9) Mr. Dani, the learned Senior Advocate appearing for the<br /> Respondents would oppose the Petition submitting that concurrent<br /> findings of fact have been recorded by ALT, SDO and MRT, which do not<br /> warrant any interference in exercise of jurisdiction under Article 227 of<br /> the Constitution of India. He submits that Kashinath was brother of<br /> Parvatibai and his claim of tenancy has rightly been negatived by the<br /> two authorities and by the Tribunal. He further submits that the<br /> Petitioners are arguing case before this Court contrary to the pleaded<br /> case before the ALT wherein the very ownership of Parvatibai was<br /> questioned by the Petitioners. That it was never pleaded case of the<br /> Petitioners that Kashinath was a statutory tenant even in respect of<br /> land bearing Gat No.495. Petitioners never pleaded that tenancy was<br /> created before 1945. That all 7/12 extracts indicate mutation of name of<br /> Page No. 5 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> Kashinath after the year 1950. That therefore there is no question of<br /> Kashinath being a protected tenant under Section 4A of the Tenancy<br /> Act. That the case involves permissive cultivation of land by the sister<br /> through brother, who can never claim status as tenant under the<br /> Tenancy Act.<br /> 10) Mr. Dani further submits that MRT has recorded finding of fact<br /> that Parvatibai had retained land bearing Gat Nos.452 and 495 for her<br /> own livelihood and that therefore purchase notice to her under Section<br /> 32F was mandatory. Mr. Dani would accordingly pray for dismissal of<br /> the Petition.<br /> 11) Rival contentions raised on behalf of the parties now fall for my<br /> consideration.<br /> 12) The battle to claim rights in the lands is essentially between the<br /> two brothers- Kashinath and Raghunath and after their deaths, between<br /> their legal heirs. Though Kashinath and Raghunath are real brothers,<br /> Raghunath later became adopted son of Parvatibai and became entitled<br /> to inherit ownership in respect of the suit lands. Thus, the relationship<br /> between Kashinath and Raghunath has changed after Ragunath’s<br /> adoption and Kashinath has become the uncle of Raghunath. <br /> 13) As observed above, the lands were originally owned by Shankar,<br /> who was Parvatibai’s husband. Shankar and Parvatibai had son named<br /> Dattu. Shankar Passed away on 16 November 1931. Dattu passed away<br /> in 1934. This is how Parvatibai became the sole owner in respect of the<br /> Page No. 6 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> suit lands. Her inheritance of the lands is from her husband’s family and<br /> nor from her father’s family. She had two brothers- Kashinath and<br /> Gyanba, who ordinarily had no right to inherit the lands of Parvatibai as<br /> class-I heirs. A slightly unusual event has occurred in the present case,<br /> where Parvatibai decided to adopt her own brother-Gyanba on 15<br /> January 1945 and named her as Raghunath after adoption. Since<br /> Gyanba(Raghunath) was adopted by Parvatibai vide registered Deed of<br /> Adoption, he became entitled to succeed to the estate of Shankar and<br /> Parvatibai, which includes the suit lands. It appears that some of the<br /> lands were permitted by Parvatibai to be cultivated by the other brother<br /> Kashinath. Kashinath therefore claims tenancy and consequently<br /> ownership rights in the respect of the suit lands. This is how the two<br /> brothers Kashinath and Raghunath claim rights in respect of lands of<br /> their sister-Parvatibai. While Ragunath claims ownership through<br /> succession as Parvatibai’s adopted son, Kashinath claims rights as<br /> tenant. <br /> 14) However Kashinath did not contemporaneously claimed tenancy<br /> rights in the lands immediately after the year 1957. It appears that the<br /> the directions issued by Collector in the year 1993 became the trigger<br /> point for dispute between Kashinath and Raghunath. The Collector<br /> issued direction in the year 1993 for examining whether void entries of<br /> tenants continued to be reflected in the revenue records of lands in the<br /> village-Nimgaon-Mhalunge. The order of MRT records that if such<br /> verification was not directed, there would have been no dispute<br /> between the parties. It appears that Kashinath never filed any<br /> proceedings upto the year 1993 claiming tenancy rights in respect of<br /> Page No. 7 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> land in question. He staked claim of tenancy for the first time in the<br /> year 1993. <br /> 15) In the Tenancy Case No.98 of 1993 initiated by Kashinath, his<br /> statement was recorded through his constituted attorney, who claimed<br /> that all the suit lands were in cultivation of Kashinath since the year<br /> 1947. The ALT accepted the case of Kashinath on the basis of entries in<br /> revenue records of Kashinath cultivating the lands (Mutation Entry<br /> Nos.1553 dated 26 October 1952, 1345 dated 5 January 1950, 1380 dated<br /> 5 January 1950). Accordingly, the ALT proceeded to fix the purchase<br /> price of the suit lands by order dated 30 July 2002. Mutation Entry<br /> No.2057 was certified on 21 October 2002 for giving effect to ALT’s<br /> order dated 30 July 2002 and name of Kashinath was mutated as owner<br /> in respect of the suit land in pursuance of 32M certificate issued after<br /> payment of the purchase price.<br /> 16) In the Appeal preferred by the heirs of Raghunath, the SDO<br /> remanded the proceedings for fresh enquiry on the ground that the<br /> Respondents (heirs of Raghunath) did not receive proper opportunity of<br /> hearing before the ALT. SDO’s order dated 28 November 2005 was<br /> challenged before the MRT by filing Revision No.95 of 2006 by heirs of<br /> Kashinath. However, it appears that there was no stay to the order of<br /> the SDO and accordingly, Tahasildar/ALT proceeded to conduct fresh<br /> enquiry into the tenancy claim of Kashinath by giving opportunity of<br /> hearing to the Respondents. <br /> 17) In the remanded proceedings, the ALT found that in respect of<br /> land bearing new Gat No.452 admeasuring 12 Hector 36 R + pot Kharaba<br /> Page No. 8 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> 1.69 R, the owner was Dattu and after his death, Mutation Entry No.708<br /> dated 26 October 1952 was effected mutating name of his mother<br /> Parvatibai as the owner. Thereafter further Mutation Entry No.2594<br /> dated 21 August 1965 was certified in respect of land bearing Gat<br /> Nos.452 and 455 to the effect that name of Parvatibai was void and<br /> actual possession was with Raghunath Shankar Gosavi. Another<br /> Mutation Entry No.1758 dated 23 November 1956 indicated name of<br /> Kashinath as ordinary tenant from 1954-55. The ALT further found that<br /> though name of Kashinath was mutated in respect of lands bearing Gat<br /> No.452 and 455 as ordinary tenant, the owner was Parvatibai since she<br /> was a widow, Kashinath did not have right to purchase her land as<br /> provisions of Section 32F of the Tenancy Act applied to the said lands.<br /> SDO further held that in respect of land bearing Gat No.552, 538, 554<br /> and 537, there was no entry of Kashinath as tenant but Mutation Entry<br /> No.1553 dated 29 September 1965 effected in consolidation in 1966-67<br /> name of Kashinath surfaced as a tenant. However, there was no<br /> evidence of Kashinath of cultivation as tenant as on tiller’s day of 1<br /> April 1957. This is how ALT, by Order dated 5 January 2016, proceeded<br /> to reject the tenancy claim of Kashinath in respect of all the suit lands<br /> bearing Gat Nos.452, 495, 552, 538, 554 and 537. Accordingly, the<br /> Mutation Entry No.2057 effected on the basis of previous order of the<br /> ALT was set aside. <br /> 18) The SDO has upheld the order of ALT by his order dated 16 May<br /> 2016. When the proceedings reached in Revision before the MRT, the<br /> Tribunal took note of relationship between the parties. It took note of<br /> the fact that while executing the Adoption Deed, Parvatibai retained<br /> Page No. 9 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> land bearing Gat Nos. 452 and 495 for her own livelihood and gave away<br /> the balance lands (Gat Nos.552, 538,554 and 537) to her adopted son<br /> Raghunath (Gyanba). Since lands bearing Gat Nos.452 and 495 were<br /> retained by Parvatibai for herself, no right enured in Kashinath to claim<br /> tenancy in respect of widow’s land on account of application of<br /> provisions under Section 32F of the Tenancy Act.<br /> 19) As observed above, the ALT has recorded a finding of fact that in<br /> respect of balance land bearing Gat Nos.552, 538, 554 and 537, the name<br /> of Kashinath surfaced as a tenant only while effecting consolidation<br /> scheme in 1966-67 vide Mutation Entry No.1553 on 29 September 1965.<br /> There is no other record or Mutation Entry showing personal<br /> cultivation of Kashinath in respect of the said lands bearing Gat<br /> Nos.552, 538, 554 and 537 on the tiller’s day of 1 April 1957.<br /> 20) The MRT has considered an additional factor of impermissibility<br /> to claim tenancy right by Kashinath in respect of land bearing Gat<br /> Nos.452 and 495 or even in respect of remaining lands bearing Gat<br /> Nos.552, 538, 554 and 537 on account of relationship between<br /> Parvatibai and Kashinath as siblings. Under the provisions of Section 4<br /> of the Tenancy Act, a person lawfully cultivating any land belonging to<br /> other person is deemed to be a tenant, if the land is not cultivated<br /> personally by the owner. Section 4, thus, creates a deeming fiction of<br /> tenancy in absence of existence of any document creating tenancy.<br /> However, the deeming fiction has an exception where cultivation by a<br /> family member does not result in deeming fiction of tenancy. If<br /> cultivation is by a member of owner’s family or by servant or<br /> Page No. 10 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> mortgagee, such cultivation does not result into deeming fiction of<br /> tenancy. Relevant part of Section 4 of the Tenancy Act reads thus: <br /> 4. Persons to be deemed tenants.<br /> (1) A person lawfully cultivating any land belonging to another persons shall<br /> be deemed to be a tenant if such land is not cultivated personally by the<br /> owner and if such person is not,-<br /> (a) a member of the owner's family, or<br /> (b) a servant on wages payable in cash or kind but not in crop share or a hired<br /> labourer cultivating the land under the personal supervision of the owner<br /> or any member of the owner's family, or<br /> a mortgagee in possession.<br /> (c)<br /> 21) Mr. Anturkar has sought to contend that brother of a married<br /> sister staying separately would not fit into definition of expression ‘a<br /> member of owner’s family’ appearing in Section 4(1)(a) of the Tenancy<br /> Act. He has relied upon judgment of the Division Bench of Gujarat High<br /> Court in Bai Pirojabai (supra). In the case before the Gujarat High Court,<br /> Petitioner therein was a married sister of Respondent Nos.2 to 4 and<br /> always resided with her husband in Mumbai. In 1944, the land was<br /> purchased in her name but the land was cultivated on her behalf by her<br /> father till his death in 1948. Later, the cultivation was done by her<br /> brothers (Respondent Nos.2 to 4). She claimed that her brothers were<br /> not tenants but were occupying the land as vahivatdars and prayed for<br /> deletion of entry of their names as tenants. On the other hand, the case<br /> of her brothers was that purchase price for purchase of the land in<br /> favour of the Petitioner was out of income of brothers and father and<br /> they were the real owners. In the light of these peculiar facts the<br /> Division Bench of Gujarat High Court held that it was permissible for<br /> Page No. 11 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> the brothers to raise alternate pleas of ownership and tenancy. The<br /> High Court further found that Mutation Entry No.127 was entered the<br /> name of Petitioner’s father as protected tenant. It was observed that<br /> after Petitioner purchased the land, she did not make any efforts for<br /> deletion of name of her father as the protected tenant. It is in the light<br /> of these peculiar facts, where father’s name was already reflected in the<br /> land as protected tenant that the Division Bench of Gujarat High Court<br /> upheld the position of brothers being treated as tenants under Section 4<br /> of the Tenancy Act notwithstanding the fact that the land fell in the<br /> ownership of the sister. The judgment therefore cannot be read in<br /> support of an abstract proposition that in every case where brother<br /> cultivates land of sister, the brother can always claim tenancy. It would<br /> all depend on facts circumstances of each case.<br /> 22) In the present case, Parvatibai had lost her husband in the year<br /> 1931 and thereafter her son-Dattu, in quick succession in 1934. In such<br /> circumstances, permission by her for cultivation of land on her behalf<br /> by her brother Kashinath cannot be ruled out. The issue is whether<br /> there was any intention to create tenancy by the sister in favour of<br /> brother? The answer would be in the negative. A widow permitting her<br /> real brother to look after her lands, does not intend to create tenancy in<br /> faour of the brother. Section 4 of the Tenancy Act seeks to create a<br /> deeming fiction of tenancy in absence of any proof such as rent<br /> agreement, rent receipt, etc and presumes tenancy on the basis of mere<br /> cultivation. However the Legislature was careful in ensuring that the<br /> relatives, servants and mortgagees do not take undue advantage of the<br /> deeming fiction and has therefore excluded those three categories from<br /> Page No. 12 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> being treated as deemed tenants. In a given case, it is possible that a<br /> sister inducts her real brother as a tenant to cultivate the land. However<br /> in such circumstance, the brother must produce proof of creation of<br /> tenancy in the form of tenancy agreement or rent receipts. A real<br /> brother cannot be permitted to take advantage of mere possession or<br /> cultivation for setting up a tenancy claim against his own sister. This is<br /> particularly true when the sister is a widow. If Parvatibai’s husband was<br /> alive, he would have possibly not let Kashinath to cultivate the land.<br /> This is a reason why Section 32F creates a special exception in case of a<br /> widow landlady. The exceptional provision ensures that no person takes<br /> advantage of the lady being widow and takes away lands from her. The<br /> Legislature also ensures that the widow gets to own and cultivate the<br /> land during her lifetime and unscrupulous persons do not take away<br /> lands from her taking benefit of her status as a widow. In the present<br /> case also, Parvatibai was a widow and had also lost her son Dattu.<br /> Therefore there is every possibility of her brother Kashinath helping her<br /> in cultivating the lands. The Legislature has intended that a family<br /> member who is permitted to cultivate the land is not conferred status of<br /> a deemed tenant. If the family member cultivates the land as a tenant,<br /> he/she must produce evidence of creation of tenancy and cannot rely on<br /> deeming fiction. <br /> 23) In the present case, Parvatibai took Gyanba (Raghunath) in<br /> adoption in 1945. She kept two lands for her own livelihood and gave<br /> rest of the lands to her adopted son. Therefore, there can be no<br /> intention of creation of tenancy in favour of her own brother. Therefore,<br /> reliance by Mr. Anturkar on judgment of Bai Pirojabai w/o. Pestanji<br /> Page No. 13 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> (supra) is inapposite as the judgment is rendered in peculiar facts of<br /> that case where the father was already a protected tenant in respect of<br /> the land prior to its purchase and the lady always stayed at Mumbai<br /> while the bothers cultivated the land after the demise of the father. The<br /> case also did not involve case of a widow landlady. <br /> 24) I am also not impressed by the submissions canvassed on behalf<br /> of the Petitioners that the word ‘family’ under Section 4(1) (a) of the<br /> Tenancy Act cannot be understood in general context of family and that<br /> for the purpose of that provision, the term ‘family’ would only include<br /> husband, wife and their children. In the present case, there is nothing<br /> on record to indicate that the Parvatibai was residing at a far-off place<br /> as was the case in Bai Pirojabai w/o. Pestanji (supra) where she used to<br /> reside in Mumbai whereas the land was in the State of Gujarat. Also,<br /> Parvatibai was a widow, and it was but natural that she might have<br /> taken some assistance from her brother Kashinath. Therefore, in the<br /> facts of the present case, Parvatibai and Kashinath can be treated as a<br /> ‘family’ for the purpose of application of provisions of Section 4(1)(a) of<br /> the Tenancy Act. In the facts of the present case, Kashinath being a<br /> member of family of Parvatibai, he cannot be treated as a deemed<br /> tenant in respect of any of the lands under Section 4 of the Tenancy Act.<br /> 25) So far as contention raised by Mr. Anturkar that Kashinath was<br /> also a protected tenant in respect of the land bearing Gat No.495 is<br /> concerned, the same is without any substance. The contention is raised<br /> on the basis of Mutation Entry No.1553 dated 26 October 1952 showing<br /> reflection of name of Kashinath as the protected tenant of Parvatibai.<br /> Page No. 14 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> SDO in the remand order noted existence of Mutation Entry No.1553<br /> and had accordingly directed conduct of detailed enquiry in the matter.<br /> In the remanded proceedings, the ALT took note of said Mutation Entry<br /> No.1553 dated 26 October 1952. However, ALT took note of the fact that<br /> Parvatibai was a widow as on 1 April 1957 and therefore Kashinath did<br /> not have right to purchase even land bearing Gat No.495 on account of<br /> application of provisions of Section 32F of the Tenancy Act. Therefore,<br /> reliance on stray mutation entry No. 1553 by Petitioners does not enure<br /> to their benefits.<br /> 26) Thus the tenancy claim of Kashinath has rightly been declined by<br /> the ALT, SDO and MRT. In respect of lands bearing Gat Nos.552, 538,<br /> 554 and 537 there are no mutation entries showing Kashinath’s<br /> personal cultivation as on the Tiller’s Day of 1 April 1957. In respect of<br /> the lands bearing Gat Nos.452 and 495, they were retained by<br /> Parvatibai, who was a widow attracting the provisions of Section 32F of<br /> the Tenancy Act. <br /> 27)<br /> In my view, a detailed enquiry has been conducted by the ALT and<br /> SDO while declining tenancy claim of Kashinath. The findings recorded<br /> by the ALT and SDO have been confirmed in Revision by the MRT. No<br /> element of perversity can be traced in the findings recorded by ALT,<br /> SDO and MRT. This Court is otherwise satisfied that the ultimate<br /> conclusions reached are that Kashinath can never be tenant in respect<br /> of suit lands. The jurisdiction of this Court under Article 227 of the<br /> Constitution of India is both supervisory and corrective and is to be<br /> broadly exercised to ensure that the Courts and authorities stay within<br /> their jurisdictional limits. In exercise of such jurisdiction, it is not<br /> Page No. 15 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> necessary that this Court must correct every error of law or fact. So long<br /> as this Court is satisfied that the ultimate conclusion reached by the<br /> authorities is correct, it is not necessary that the powers under Article<br /> 227 of the Constitution of India must necessarily be exercised just<br /> because Petitioner is in a position to demonstrate some stray error of<br /> law or fact in the impugned orders. Reference in this regard can be<br /> 2<br /> made to Garment Craft V/s. Prakash Chand Goel in which it is held in<br /> paragraph 15 as under:<br /> 15. Having heard the counsel for the parties, we are clearly of the<br /> view that the impugned order is contrary to law and cannot be<br /> sustained for several reasons, but primarily for deviation from the<br /> limited jurisdiction exercised by the High Court under Article 227 of<br /> the Constitution of India. The High Court exercising supervisory<br /> jurisdiction does not act as a court of first appeal to reappreciate,<br /> reweigh the evidence or facts upon which the determination under<br /> challenge is based. Supervisory jurisdiction is not to correct every<br /> error of fact or even a legal flaw when the final finding is justified or<br /> can be supported. The High Court is not to substitute its own<br /> decision on facts and conclusion, for that of the inferior court or<br /> tribunal. The jurisdiction exercised is in the nature of correctional<br /> jurisdiction to set right grave dereliction of duty or flagrant abuse,<br /> violation of fundamental principles of law or justice. The power<br /> under Article 227 is exercised sparingly in appropriate cases, like<br /> when there is no evidence at all to justify, or the finding is so perverse<br /> that no reasonable person can possibly come to such a conclusion<br /> that the court or tribunal has come to. It is axiomatic that such<br /> discretionary relief must be exercised to ensure there is no<br /> miscarriage of justice.<br /> 28) Considering the overall conspectus of the case, I do not find any<br /> valid reason to interfere in the concurrent findings recorded by ALT,<br /> SDO and MRT. Writ Petition must fail. It is accordingly dismissed<br /> without any order as to costs.<br /> [SANDEEP V. MARNE, J.]<br /> 2 (2022) 4 SCC 181<br /> Page No. 16 of 17 <br /> 26 March 2026<br /><br /> Megha 3_wp_1250_2020_fc<br /> 29) After the judgment is pronounced, the learned counsel<br /> appearing for the Petitioner requests for continuation of stay<br /> granted by this Court vide order dated 11 February 2020. The request<br /> is opposed by Mr. Dani. Stay granted by this Court shall continue to<br /> operate for a period of eight weeks.<br /> [SANDEEP V. MARNE, J.]<br /> Page No. 17 of 17 <br /> 26 March 2026<br /> Signed by: Megha S. Parab<br /> Designation: PA To Honourable Judge<br /> Date: 26/03/2026 20:52:07</div>