(1.) THIS writ petition has been filed by the landlord challenging the decision of the Maharashtra Revenue Tribunal, Pune dated July 31, 1986 in TEN/80a/70.
(2.) BRIEFLY stated, the facts giving rise to the present petition are that the petitioner filed regular civil suit bearing No. 111 of 1977 for redemption of mortgage with regard to the agricultural property viz. the suit lands bearing Survey Nos. 348/11-A, 348/10-B, 9/3-B, 11/3-B, 352/4-B situated at village Nandgaon, Taluka Satara. The suit was filed before the Civil Judge, Senior Division, Satara in relation to the transaction dated June 2, 1953. The original defendant No. 3 (respondent No. 3) raised a plea that the said transaction was not a mortgage but a sale. It was further contended that prior to the said transaction Bandu Amruta, that is, the alleged mortgagor, was the tenant and his rights should not be defeated in view of the provisions of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "act"); and that the Court had no jurisdiction to decree the redemption and order possession. In view of the said pleadings, the Civil Court framed issue of tenancy so as to refer the same to the Tenancy Court. The issue framed by the Civil Court was as under :
(3.) THE abovesaid issue was accordingly referred to the Tahsildar, Satara, who, after considering the evidence on record was pleased to answer the same in the negative by judgment and order dated September 8, 1976. It may be noted that the respondent No. 2 merely led oral evidence of himself and one another witness in support of the plea that Bandu Amruta was in possession of the suit lands pursuant to the oral lease between him and the predecessor in-title of the petitioner herein viz. Kundalika. It would be relevant to point out at this stage that the said Kundalika Amruta as well as Bandu Amruta were real brothers.