SAYYAD IMAM SAYYAD DAGDU Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of parties, matter is taken up for final hearing at the admission stage.

(2.) These two petitions have been filed by the petitioners challenging common judgment and order dtd. 21/9/2021 passed by the Maharashtra Revenue Tribunal, Mumbai, Camp at Aurangabad in Revision Nos.30/B/2015/A and 31/B/2015/A. By that judgment and order, the Tribunal has upheld the order passed by the Deputy Collector, Aurangabad dtd. 2/2/2015 setting aside the order passed by the Tahsildar, Paithan dtd. 9/1/2014. By order dtd. 9/1/2014 the Tahsildar held petitioners to be tenants in respect of lands, determined the price at Rs.5000.00 under Sec. 38(4) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (for short 'the Act, 1950) and upon payment of the said amount, a direction was issued for issuance of purchase certificate under the provisions of Sec. 38(5) and 38(6) of the Act, 1950.

(3.) The case of petitioners as pleaded is that their grandfather late Dagdu Bhai Raheem Bhai was a protected tenant in respect of lands bearing survey no.25 admeasuring 17 acre 9 gunthas as well as survey no.26 admeasuring 9 acre 31 gunthas(hereinafter referred to as 'disputed lands'). Petitioners further aver that the name of Dagdu Bhai Raheem Bhai was recorded in the 'other rights column' of 7/12 extract, khasara patrak and phalni patrak. His name was also recorded in the register of tenants alongwith a consolidation statement.