LAWS(BOM)-1991-11-42

VASU DHONDI SUTAR Vs. GANPATI DHONDI SUTAR

Decided On November 20, 1991
VASU DHONDI SUTAR Appellant
V/S
GANPATI DHONDI SUTAR Respondents

JUDGEMENT

(1.) BY this petition under Article 227 of the Constitution of India, the petitioner has impugned order dated 29th April, 1978 passed by the Tahsildar, Panhala, District Kolhapur, in T. N. C. case No. 12 of 1977, order dated 29th August ,1981 passed by the Assistant Collector, Shahuwadi Division, Kolhapur, in Tenancy Appeal No. 72 of 1979 and order dated 9th July, 1982 passed by the Maharashtra Revenue Tribunal in Revision Application No. MRT-KP-285/81. By the above-referred three orders the authorities concerned have held that the petitioner was not a tenant of lands in question. The impugned orders were passed on application made by the petitioner to the Tahsildar on 18th June, 1977 for a declaration that the petitioner was a tenant of the lands in question and the appeals and revision arising from the said proceeding initiated by the petitioner under section 70-B of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as "the said Act".

(2.) AT the outset, I am setting out the conclusions arrived at by the Court after hearing the learned Counsel. In later part of the judgment, I would set out my reasons in support of the conclusions arrived at by me:---

(3.) THE crucial facts required to be noticed for disposal of this petition are as under:---