LAWS(BOM)-2021-4-87

MARUTI JAYWANT SHINDE Vs. SHANTABAI BABURAO GOTHARNE

Decided On April 28, 2021
Maruti Jaywant Shinde Appellant
V/S
Shantabai Baburao Gotharne Respondents

JUDGEMENT

(1.) Rule. With consent rule is made returnable forthwith.

(2.) This petition takes exception to the Judgment and Order dated 31st December, 2019 passed by the Maharashtra Revenue Tribunal (MRT), Pune in Revision Application NO. P/I/1/2017. By the impugned judgment, the MRT has set aside the order dated 30/01/2015 passed by learned Tahsildar, Maval in Tenancy Case No.32-G/SR/52/2013, and order dated 18.12.2016 passed by learned Sub Divisional Officer in Tenancy Appeal SR/142/2015 and consequently dismissed the proceedings filed by the Petitioner under Section 32G of Maharashtra Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act').

(3.) The dispute in the present case is in respect of an agricultural land under Survey No. 70/1 (New Gat No.199) Village, Sudawadi, Maval, Pune. It is not in dispute that the said land was owned by Vitthal Ganesh Kulkarni. The said land was in possession of Bhika Dhondu Mahar, the grand father of the Petitioner, as a tenant. The Petitioner claims that his father Jaywant Bhika Mahar continued to be in possession of the said land as on the Tillers day and as such became deemed purchaser under the provisions of the Act.