TARACHAND Vs. ABASAHEB

JUDGEMENT

(1.) Heard. Rule. Rule made returnable forthwith. With the consent of learned counsel appearing for the parties, Writ Petition is heard finally.

(2.) The challenge in this Writ Petition is to the order dtd. 16/10/2014 passed by Maharashtra Revenue Tribunal, Aurangabad (M.R.T.), Aurangabad, in Revision Application No.2-B-1990. By the impugned order, the Revision Application preferred by respondent no.1 herein ("landlord", for short) for restoration of the land back to him has been allowed, directing the petitioner ("tenant", for short) to deliver possession of the land, survey no.182/1 admeasuring 3 H 20 R (8 Acres) to the landlord.

(3.) It is the case of the tenant that initially, his father had held agricultural land admeasuring 16 acres and 20 Gunthas. The father leased out said land in its entirety to respondent no.2 - Changdeo Sugar Mill Ltd. ("sugar factory", for short) for a period of 99 years. No land remained with the father of the tenant. The landlord also leased out his 9 acres 39 gunthas of land to the sugar factory. The sugar factory granted 8 acres of land in survey no.182/1 to the father of the tenant on lease for a period of 20 years. It was in the nature of a sub-lease. This land belonged to the landlord. This 8 acres of land ("writ land", for short) is the subject-matter of the present proceedings. On the tillers' day, i.e. 1/4/1957, the father of the tenant was in possession of the writ land and continued to possess the same till date.