GANESH DADAJI SUKARE Vs. MAHARASHTRA REVENUE TRIBUNAL

JUDGEMENT

(1.) Heard. Rule was issued on 22nd December, 1998. Interim stay as regards possession was directed.

(2.) The petitioners assert to be the tenants on the agriculture field owned by Smt. Bhimabai. The legal representatives of Bhimabai have taken up the matter and likewise the legal representatives of one Dadaji (tenant) are prosecuting on behalf of tenants.

(3.) The controversy basically was about the rentals to be of three khandies paddy (Dhan), it was resolved and consequently accepted. The learned counsel for the writ petitioners/tenants informs that reading of Sections 11,12 and 13 of the Bombay Tenancy and Agricultural Land (Vidarbha Region) Act, 1958 (hereinafter referred to as "the said Act", for the sake of brevity), even taking effect of Section 13(3)(a) of the said Act into consideration, the overriding effect of Section 11 which deals with levying maximum rent, and start with non-abstante clause will prevail. Section 11 conceive as under: