MAROTI GOVINDA CHAVAN S Vs. PATILBA JANUJI PATEKAR

JUDGEMENT

(1.) This writ petition, which is filed by legal representatives of Gopinath Chavan, challenges the order passed by the Maharashtra Revenue Tribunal (for short "M.R.T."), in Case No. 150/B/89-Aurangabad and Case No. 3/B/88-Aurangabad, decided by a common judgment on 30.06.1989, whereby the Tribunal allowed the both revision petitions, set aside orders of the Tahsildar and Collector and held that both the Lower Courts committed error of law in directing original respondent Patilba to handover possession to heirs of Gopinath, who are original petitioners in this petition. He also set aside order regarding recovery of arrears of rent.

(2.) Brief facts giving rise to this writ petition may be stated as follows:

(3.) Thereafter, Gopinath applied for recovery of possession and arrears of rent. Said application dated 19.07.1963 was rejected by the Tahsildar. The arrears of rent claimed were for the years 1960-61, 1961-62 and 1962-63. Arrears were in all Rs. 523=40 ps. Gopinath died pending the proceeding before the Tahsildar on 22.01.1964 and the original petitioners of this writ petition were brought on record as his legal representatives and they continued the proceeding. The application was rejected and therefore appeal was filed to the Dy. Collector and the Dy. Collector also dismissed the appeal on 27.12.1966. As against the same, revision was filed to M.R.T., which, by order dated 19.01.1968 remanded the matter. Thereafter, the matter was reheard by the Additional Tahsildar and he held that the lease-deed was executed by Patilba in favour of Gopinath and he passed order for arrears of rent and also for delivery of possession. Said order passed by the Additional Tahsildar dated 15.10.1985 is produced on record with the petition. It is said therein that respondent Patilba who was tenant was proved to be willful defaulter of payment of rent and thus under Section 32(2) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short "H.T.A.L. Act"), possession be restored to the legal representatives of Gopinath, so also they are entitled to apprears of rent of Rs. 523.40 ps. for the years 1960-61 to 1962-63 in three equal installments. As against said decision respondent No. 1 Patilba filed appeal bearing case No. LR/TNC/219 which was heard by the Dy. Collector, Land Reference, Aurangabad, and the judgment is dated 29.08.1986, copy of which is at Exh. "C" with the petition. The Dy. Collector held that the claim for possession under Section 32(2), which was made in the original plaint was deleted by amendment application that was allowed by the then Nayab Tahsildar vide order dated 22.10.1975 and therefore that part of the order of the Tahsildar was set aside. He allowed the appeal to the extent of delivery of possession and set aside order about delivery of possession, but confirmed the order so far as payment of arrears of rent is concerned.