SAJARBAI DAMODAR NARKHEDKAR Vs. DNYANOBA NAMDEO GADE

JUDGEMENT

(1.) THE petitioner is hereby assailing correctness, propriety and legality of the Judgment and Order passed by the Member of MRT in the matter of MRTSH-III-9/86 (TEN. B. 85/86) Pune dated 11/3/1988 by which the learned Member of MRT dismissed the revision petition filed by the present petitioner and confirmed the judgment and order passed by the Assistant collector, Solapur in the matter of Tenancy Appeal No. 64 of 1984.

(2.) THE petitioner happens to be landlady in respect of Gut Nos. 578, 580-B situated at village Korphale, Taluka Barshi, Dist : Solapur. She filed an application for getting the possession of the suit lands from Respondent No. 1 pointing out that he happens to be a defaulter in respect of payment of the rent for three years when he did not pay the rent even after the intimations were issued to him. The Tenancy Avval Karkun while deciding the said Tenancy Case No. 4 of 1981 concluded that the landlady (the present Petitioner) had not issued intimations to the tenant (present Respondent No. l) within a period of three months of each default. He also held that the tenant was not in arrears of rent for any three years and, therefore, lastly he concluded that the landlady was not entitled to get the possession of the suit lands. The said Judgment and Order was challenged by the present petitioner, landlady, and it was decided by the Assistant collector, Solapur in the first round of battle of litigation. The Assistant Collector, solapur confirmed the said judgment and order. The appeal was dismissed. The said judgment and order was impugned by the present petitioner by filing a revision before the MRT. The learned Member of MRT by his Judgment and order remanded back the matter to trial court/avval Karkun, Barshi directing him to hold enquiry in detail.

(3.) IN the second round of battle of litigation, Avval Karkun, Barshi recorded the same type of findings. The said judgment and order was challenged before the Assistant Collector who confirmed it. In the revision application the Member of MRT also confirmed the judgment and order passed by the Assistant collector and that has been assailed by the present petition by the petitioner.