KISHOR WAMAN DARNE Vs. TARABAI WAMAN GHARAT

JUDGEMENT

(1.) THE petitioners are taking exception to the judgment and order passed by the learned Member of M. R. T. in TEN. A. 29 of 1988 dated 7-3-1989, by which the learned Member of M. R. T. dismissed the revision application preferred by the petitioner challenging the judgment and order passed by Assistant Collector, Panvel Division, Panvel in Tenancy Appeal No. 12/1987. The learned Assistant Collector had dismissed the said appeal filed by the present petitioners and had confirmed the order which was passed by Tahsildar, Uran in Tenancy Case No. 7/1977 on 17-6-1987.

(2.) THE land in dispute is Survey No. 21, Hissa No. nil, admeasuring 3 acres, 12 gunthas and 8 ares, situated within the revenue limits of village Ranwad, Tal. Uran, District Raigad. The litigation has chequered history since the case had travelled through the bouts in number of courts in litigation. The present respondents had filed an application on 17-5-1974 under section 70 (b) of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as, Act for convenience) seeking a declaration that they are tenants of the suit lands. The said application was dismissed on 17-1-1976 in default of appearance of the present respondents on the date of hearing. The said order was, however set aside in revision petition preferred before S. D. O. , Panvel Division, Panvel by his order dated 23-11-1976 and the matter was remanded back for fresh hearing according to law. The present petitioners preferred revision application against the said order to M. R. T. which was numbered as Revision Application No. TEN. A. 11/1977 which was dismissed by the Tribunal on 7-7-1977 thereby upholding the order of S. D. O. , Panvel Division, Panvel.

(3.) AFTER the case was remanded, the trial proceeded before Tahsildar, Uran. The present respondents led evidence in support of their case by examining the witnesses. The present petitioners also led evidence on their behalf. The learned Tahsildar after hearing the parties and after weighing the evidence led before him, by his order dated 31-1-1979, declared that the present respondents were tenants of the suit land and directed further that their names be recorded as tenants in the record of rights. Against the said order, the present petitioners filed an appeal before the Assistant Collector, Panvel Division, Panvel, which was numbered as Tenancy Appeal No. 12/1979. The said appeal was dismissed by the Assistant Collector by his order dated 12-5-1979 and the order of Tahsildar dated 31-1-1979 was confirmed. The present petitioners filed revision application which was numbered as TEN. A. 178/1979 before M. R. T. and the M. R. T. remanded the matter back to Assistant Collector, Panvel by his order dated 27-11-1979 for deciding the appeal on the question of limitation. Thereupon the Assistant Collector on hearing the parties set aside the order of Tahsildar by his order dated 24-4-1980. Feeling aggrieved by the said order, the respondents preferred Revision Application Bearing No. TEN. A. 27/21 before M. R. T. The M. R. T. again remanded the case back to the Assistant Collector, Panvel for deciding it afresh and for reconsidering the point regarding limitation and cause of action, on full appreciation of the evidence and facts as disclosed by the evidence on record. While remanding the case the Member of M. R. T. had appreciated the evidence and had also held that the respondents were in possession and occupation of the suit land and the period of limitation did not run against them. So also the application filed by the tenants was within time limit. The learned Member directed the Assistant Collector to decide two issues by his order dated 5-12-1981.