LAXMAN DHANU LAMAN Vs. MAHARASHTRA REVENUE TRIBUNAL AURANGABAD

JUDGEMENT

(1.) : Heard the learned Advocates for the parties. Perused the records.

(2.) THE petitioners challenge the judgment and order dated 17-7-1985 passed by the Maharashtra Revenue Tribunal, aurangabad in file No. 170/b/of 1983 - Latur.

(3.) IN a suit bearing R. C. S. No. 164/1972 filed by the respondents, an issue of tenancy was referred to the revenue officer in terms of the provisions contained in the hyderabad Tenancy and Agricultural Lands Act, 1950 for the decisions on the said issue. The revenue Officer empowered to decide such issues under the said Act by its decision dated 30-3-1981 answered the said issue in affirmative and the petitioners were declared to be the tenant of the suit premises. Being aggrieved, the respondents preferred appeal against the same before the Deputy Collector at Latur being appeal No. 6/1982/tenancy without any success as the same was dismissed by the Deputy Collector on 19-8-1983. The matter was taken up in revision application before the maharashtra Revenue Tribunal, Aurangabad and the Tribunal by the impugned order, set aside the orders passed by both the lower authorities namely, by the Naib Tahsildar and the deputy Collector and held that considering the pleadings in the civil suit, there was no scope for framing an issue of tenancy and, therefore, the issue ought to have been answered in negative and accordingly, direction was issued to the concerned Tahsildar to return the issue along with the impugned decision. Hence, the present petition.