DATTATRAYA BALWANTRAO Vs. SHANKAR KONDIA

JUDGEMENT

(1.) This special civil application is directed against the order of the Maharashtra Revenue Tribunal (hereinafter referred to as "the M.R.T.") allowing a revision application and thereby reversing the order of the Deputy Collector and restoring that of the Tahsildar in a proceeding started by the landlord against the tenant for recovery of the possession of the disputed lands for bona fide personal cultivation and it arises out of the following facts.

(2.) It may be mentioned here that original petition was filed by the original landlord Dattatraya Balwantrao, who died during the pendency of this petition. Original petitioner having died, his heirs and legal representatives are brought on record and they are pursuing this petition. I have specially mentioned this fact as it has a lot of bearing on the merits of the case as they stand today.

(3.) Original landlord Dattatraya Balwantrao filed an application in the trial Court under section 44 read with section 32(2) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Hyderabad Tenancy Act") for possession of three lands Survey Nos. 36, 121/1 and 130 of village Paradh for bona fide personal cultivation. The tenant, who is respondent No. 1 in this petition, resisted this petition. Now, I will narrate the chequered career of this litigation.