VITHAL MHATARBA MULUK Vs. INDUBAI BANDU MULUK

JUDGEMENT

(1.) THE petitioners are the heirs of Vithal Mhatarba Muluk, who claimed to be a tenant of the agricultural land admeasuring 2 H, 5 R. situate in gat No. 2418 of Village Chas, Taluka Khed. The respondent No. 2 Patilbuwa is his brother.

(2.) THE respondent No. 1 Indubai Bandu Muluk claims to have purchased the land from respondent No. 3 Mohanlal Himmatlal Kataria by a sale deed. The petitioner made an application on 27th December, 1979 praying for restoration of possession of the land in question. He also claimed an entitlement to purchase the said land under the provisions of the Bombay Tenancy and Agricultural Lands Act, for short "the Bombay Tenancy Act".

(3.) ACCORDING to him he and his brother were wrongly dispossessed after 1st April, 1957. This application was decided by the Agricultural Lands Tribunal on 24th February, 1982. The tribunal held that the petitioners were not tenant. They preferred an appeal to the Sub-Divisional Officer. The Sub-Divisional Officer dismissed the appeal. Thereafter, they preferred a revision to the Maharashtra Revenue Tribunal who allowed the revision on 24th September, 1984.