PRAKASH Vs. DEORAO

JUDGEMENT

(1.) By this petition, filed under Article 227 of the Constitution of India, the petitioners who claim to be subsequent purchasers of tenanted land are assailing the judgment dated 1st December, 1999 delivered by Maharashtra Revenue Tribunal in Revision Case No.31/B/94/A under section 91 of Hyderabad Tenancy & Agricultural Lands Act, 1950 (hereinafter referred to as 1950 Act). By said order, the Maharashtra Revenue Tribunal has allowed revision filed by present Respondent no.1, has quashed and set aside the judgment and order of Tahsildar as also of Additional Collector and has directed Tahsildar to proceed under section 38 (2) (3)(4)(5)(7) and (8) of 1950 Act for determination of purchase price and for its recovery from Respondent No.1 Deorao. It is not in dispute that this Court, while issuing rule in the matter, had granted rule on interim relief and thereafter on 23rd July, 2002 also granted ad interim relief in terms of prayer clause (C) of the writ petition.

(2.) The facts are not much in dispute. The lands in dispute located in Nanded District initially belonged to one Samdani Khatun and after her death same devolved upon Yusuf Khan i.e. present Respondent No.2. The father of Respondent No.1 viz. Hari (deceased) was protected tenant in possession of these lands. The lands were disposed of by sale deed dated 3rd November, 1970 by Yusuf Khan to one Ramnath Gangusingh Rawal i.e. present Respondent No.3. This was after a public notice dated 20th October, 1970 declaring intention to sale and inviting objections from all. It was claimed that no objection was raised even by Hari at that time. The mutation entry No.873 then reflected name of Respondent No.3 Ramnath. Said Respondent along with others then sold those lands to petitioner No.1 and Petitioner No.2 on 15th October, 1983. On 19th October, 1983 the remaining suit lands were also sold to all the petitioners. The relevant mutation entries were then sanctioned on 10th August, 1990.

(3.) Protected tenant Hari Tukaram had filed Regular Civil Suit No.189 of 1970 contending that he was in possession and Respondent No.3 Ramnathsing had no interest in the suit lands. This suit was filed on 6th November, 1970 and was decided on 21st July, 1983. It is not in dispute that original owner viz. Yusuf Khan was not party to it and present petitioners were not in picture at that time.