VITHAL TANKU KOLIM Vs. LAXMAN GOTU ATTARDE

JUDGEMENT

(1.) The petitioners are assailing the decision dated 26.04.1996 rendered by the Maharashtra Revenue Tribunal ('MRT') in Revenue Appeal No.(A) 03 of 1995, whereby the appeal preferred by the Respondents is allowed and the eviction order dated 06.12.1976, passed by the Tahsildar, Amalner in Misc. Revenue Application No.284 of 1976 is set aside.

(2.) The land in dispute admeasures 90 ares and is assigned G.No.105 of village Nanded, Tahsil Amalner. By order dated 06.12.1976, which is set aside by the MRT, the Tahsildar, Amalner, in purported exercise of power under Section 59 of the Maharashtra Land Revenue Code, 1966 ('MLR Code') directed that Respondent No.1 be evicted from the said land. The eviction is premised on the fnding that the alienation by the Watandar of new tenure in favour of Respondent No.1 is contrary to the provisions of Section 5(3) of the Bombay Inferior Village Watans Abolition Act, 1958 (Rs.1958 Act'), in the absence of permission of the Collector to the alienation.

(3.) The litigation has a chequered history, and in the interest of clarity, it would be necessary to briefly touch the events and the litigations preceding the judgment of the MRT, which is impugned herein.