RAMA DATTU NAIKWADE Vs. GOVINDA BALA PATIL

JUDGEMENT

(1.) THE petitioner is assailing the correctness, propriety and legality of the judgment and order passed by the learned Member of M. R. T. in Revision Application No. MRT-KP-125/85 by which the learned Member set aside the judgment and order passed by the Sub Divisional Officer, Shahuwadi, District Kolhapur bearing Tenancy Appeal No. 18/82.

(2.) ONE Maruti Govind Patil, the L. R. of Govinda Bala Patil, the deceased, submitted an application before the Tahsildar and A. L. T. Radhanagari for an order effecting compulsory sale of the suit land. Originally 32g proceeding was started in respect of the suit land and it was held that Section 43a of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act" for convenience) was applicable to the matter. It gave rise to tenancy Appeal No. 115 of 1973 and it further gave rise to revision application bearing No. M. R. T. KP 439/73 which was decided by M. R. T. on 10-8-1978 with the following remarks :-" for dropping the proceeding under Section 32g. . . . . . . . . . what is important is the purpose of the lease. There must be instrument of lease. If there is no instrument there must be an agreement between parties to the effect that the land is leased out for the purpose of lease. "

(3.) ACCORDINGLY, notices were issued. The date of hearing was fixed. The parties were present and evidence was recorded by Tahsildar and A. L. T. The Tahsildar and A. L. T. formulated the following points for adjudication :