KISAN SAYAJI SHELKE Vs. MADHUKAR MOHAN DESHPANDE

JUDGEMENT

(1.) Challenge in this petition is to judgement and order rendered by learned Incharge President of Maharashtra Revenue Tribunal, Aurangabad (M.R.T.) in exercise of appellate jurisdiction (Case No. 27/A92-J). By that judgement, the appeal preferred by the respondents has been allowed and the application filed by the petitioner for eviction under section 98 of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short, "the HT&AL Act") came to be rejected.

(2.) Indisputably, father of the petitioner, namely, Sayaji Shelke was the protected tenant in respect of agricultural land Survey No. 52, admeasuring 9 acres 18 gunthas, situated at village Gokul under Bhokardan Tahsil. It is also an admitted fact that father of the respondent No. 1, namely, deceased Mohan alias Mohiniraj Deshpande was the landlord. The name of deceased Sayaji Shelke was recorded in the revenue record vide the relevant orders. A final declaration under the HT&AL Act was made in his favour. He was found in possession of the tenanted land i.e. Survey No. 52 as on the tillers ' day. The petitioner 's father was duly declared as a protected tenant of the said land under section 38E of the HT&AL Act. It is an admitted fact that respondent No.2 - Ananda was not in picture when the petitioner was allegedly dispossessed from the land in question in the year 1965. The respondent No. 2 - Ananda purchased that land subsequently.

(3.) The impugned order is founded on premise that the only remedy available to the petitioner was under section 32 of the HT&AL Act and the same is now unavailable because the application was not filed against the landlord within prescribed period of limitation. Another ground in support of the impugned judgement is that the application filed by the petitioner after 22 years of dispossession was barred and action for eviction could not be taken under section 98 of the HT&AL Act.