BANSI Vs. YESHWANTA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned advocates for the appearing parties.

(2.) The challenge raised in this writ petition is to the order dated 19. 01.2009 passed by the Deputy Collector, Land Reforms, Beed and confirmed by Maharashtra Revenue Tribunal, Aurangabad.

(3.) The property in question is land Survey No. 40/A admeasuring 2 Hector 83 R. situated at village Dongaon, Taluka Kaij, District Beed. One Gangabhishan Shrikishan Ranwa was the original owner of land Survey No. 40 admeasuring 17 Acres 12 Gunthas. The said Survey number was divided in five plots, Survey Nos. 40/A, 40/4, 40/5, 40/7 and 40/8. On 23/6/1969, Gangabhishan initiated proceedings against Yashwant, respondent No.1 for recovery of rent and possession of an area of 15 Acre 35 Gunthas from land Survey No. 40/A and 7 Acre 27 Gunthas from Survey No.37. In the said proceedings, a compromise was recorded between landlord Gangabhishan and tenant Yashwant, whereby it was mutually agreed that Yashwanta the tenant shall retain 7 Acres of agricultural property from land Survey No. 40/A and release 8 Acre 35 Gunthas of Survey No. 40 and 7 Acre 27 Gunthas from Survey No. 37 in favour of the landlord.