SHRIDHAR BABAJI VIBHUTE Vs. GANPATI BAYAJI PATIL

JUDGEMENT

(1.) THE present writ petition is filed against the order dated 19-8-1982 passed by the Maharashtra Revenue Tribunal at Kolhapur in Revision Application No. MRt. SS. 270 of 1981.

(2.) THE present petitioners are the heirs and the legal representative of one Shridhar Babaji Vibhute. The said Sridhar Babaji Vibhute was admeasuring about two acres and 10 gunthas situated at Kasegoan in Taluka Walwa, District Sangli. The said Shridhar Vibhute filed an application under section 88c of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the B. T. and A. L. Act, for the sake of brevity) for the grant of certificate and obtained the said certificate on14-4-1959. Against the said certificate respondent No. 1 the tenant had not preferred any appeal and the said certificate became final thereafter. Thereafter the said Shridhar Vibhute, whom I will refer to hereinafter as the original applicant for the sake of brevity, filed application land, on the ground of bonafide personal use. The Special Tahsildar at Walwa rejected the said application on the ground that the said original applicant filed appeal before the Special Deputy Collector who, by his judgement dated 30th December, 1968, allowed the said appeal. Against the said decision, respondent No. 1 filed revision before the Maharashtra Revenue Tribunal, Kolhapur. During the pendency of the said revision application before the Tribunal, the said original applicant expired and the present petitioners were brought on record as the heirs and legal representative of the deceased original applicant. The Tribunal, by its judgment dated 27th March, 1972, remanded the matter for considering the bonafides of the present petitioners in view of the death of the original applicant. It may be noted that excepting remanding the matter on this point the Maharashtra Revenue Tribunal concluded and confirmed all the issues decided by the lower appellate authority.

(3.) AFTER the remand the Tenancy Aval Karkun allowed the application filed by the present petitioners without going through the enquiry, relying on some decision of the High Court. Against the said decision respondent No. 1 preferred appeal before the Sub-Divisional Officer, Walwa and the appellate Court again remanded the matter to the Tenancy Aval Karkun for deciding the matter on merits. After the said remand by the Sub-Divisional Officer, the Tenancy Aval Karkun enquired into the matter on merits and on merits held that the petitioners are entitled for the possession of the suit land as they require the suit land for their bonafide personal use.