MAHADEO VITHOBA NIKAM Vs. GAJANAN PANDURANG KULKARNI

JUDGEMENT

(1.) Special leave granted.

(2.) This is a tenant's appeal. The appellant's case is that he was in possession of the land for over 50 years. He further states that on the appointed date, i. e. , 1/4/1957 he was in possession. He applied for purchase of the land under Section 32-G (3 of the Bombay Tenancy and Agricultural Lands Act, 1948 (for short "the Act"). The application was decided by the Additional Tehsildar and ALT, Karad. The order of the Tehsildar is as under:

(3.) It is not disputed that on 22/5/1985 when the abovequoted order was passed the appellant was not present before the Tehsildar. According to the learned counsel for the appellant, the order was required to be communicated to him under the provisions of Section 32-G (3 of the Act. This was not done. He came to know about the order after a period of about 8 years. He filed appeal against the order of the Tehsildar which was dismissed on the ground of delay. The revision filed by the appellant was also dismissed. The High court upheld the orders of the courts below.