JANARDHAN NANASAHEB CHOUDHRAI Vs. SK HAJU SK BABAN

JUDGEMENT

(1.) BY the present petition, the petitioner challenges the order passed by the Designated Member of the Maharashtra Revenue Tribunal, aurangabad in Revision Petition No. 66-B-1985-Beed, decided on 5th september, 1986.

(2.) THE facts involved in this Writ Petition are :

(3.) LAND Survey No: 51 admeasuring 13 acres 14 gunthas situated at Paithan tq. Keij Dist. Beed ( hereinafter referred to as "the suit land") was owned and possessed by one Shri Narayanrao Deshpande, i. e. land-holder. The petitioner contended that his father -Shri Nanasaheb Choudhari, was a protected tenant of the suit land. It is contended by the petitioner that the heirs of the landlord sold the suit land to Sk. Hazu Sk. Baban and Shri Ramrao Nanasaheb Choudhari, (the respondents 1 and 2 in the present petition ). The sale-deed was executed in their favour on 14th August, 1974. It is further contended that the father of the petitioner was a protected tenant and, as such, the petitioner is entitled to exer-cise his right to purchase the property under Section 38 of the Hyderabad tenancy and Agricultural Lands Act (hereinafter referred to as "the Act. ") as the petitioner inherited the tenancy right by virtue of Section 40 of the Act.