SITARAM GANESH WALIMBE Vs. YESHWANT BHAU NIKAM

JUDGEMENT

(1.) THE respondents are served but they are absent. None present for them. Therefore, this writ petition is heard and is being decided treating them ex-parte because it pertains to the year 1988.

(2.) THE petitioners herein are assailing the correctness, propriety and legality of the judgment and order passed by the Member of M. R. T. in the matter of mrt-NS-XI-6/86 (TEN. S. 252/86), Pune dated 12. 4. 1988 whereby the learned member of the M. R. T. allowed the revision petition filed by the present respondent and set aside the judgments and orders passed by two Courts below (i. e. that of Awal Karkun and A. L. T. Satara and that of S. D. O. Satara.)

(3.) THE suit land is Gat No. 611 admeasuring 1 hector, 89 Ares assessed at rs. 16-83 out of an area of 80 Ares. Southern side situate at the village Kumthe, taluka Satara. Yeshwant Bhau Nikam, the present respondent, averred that he happens to be the tenant of the said land and the present petitioners are landlords. He averred that the original landlord Ganesh Walimbe, then the deceased, had agreed to sell to him all area of 80 Ares out of the suit land, Northern portion and had executed a registered Sathekhat dated 18. 5. 76 for a sum of Rs. 8,200/ -. He further averred that the remaining portion of the land admeasuring 1 hector 9 ares out of the suit land, Southern portion was held by him as the lawful tenant in physical possession since 1976. He by the application made a prayer to the a. L. T. to declare him a tenant in respect of the area of 1 hector and 9 Ares from Gat No. 466.