LAXMANRAO MANOHARRAO DABIR Vs. SHIVRAM DHONDIBA

JUDGEMENT

(1.) This writ petition takes exception to the judgment and order of the Maharashtra Revenue Tribunal, Aurangabad in Case No.8/B/90 dated 27 th September, 1990, the judgment and order in Case No. 81/LR/TNC/A/38 dated 5 th December, 1986 passed by the Deputy Collector, Land Reforms, Aurangabad as an Appellate Authority and the judgment and order dated 30 th September, 1976 in Case No.S.P.K./1178/73 passed by the Naib Tahsildar, Revenue Record, Kannad.

(2.) The background facts as disclosed in the petition for filing this writ petition are as under:

(3.) The Petitioners herein filed an application under Section 32(1) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the said Act"), on 19 th February, 1970 for possession of the suit land before the Tahsildar, Kannad. The Respondent Nos.1 and 2 herein by their written statement dated 12 th June, 1970 resisted the said application and contended that, the Petitioners' father was never the protected tenant of the suit land and they were never in possession of the suit land. It is stated by the Respondent Nos.1 and 2 in their writ statement that, the Petitioners' father in collusion of the concerned Talathi, got his name mutated in the revenue record. It is further case of the Respondent Nos.1 and 2 that, the Respondent No.3, who is the owner of the suit land, had given the entire land for cultivation to the Respondent Nos.1 and 2 and they are cultivating the suit land since beginning.