RAJARAM TUKARAM PAWAR Vs. MUKTABAI NARAYAN SALUNKHE

JUDGEMENT

(1.) By this petition, the petitioner challenges the order passed by Maharashtra Revenue Tribunal Pune, dated 3 September 1990 in Revision application No.MRT/MS/XI/5/89. The impugned order declares the respondent No.1 as a tenant of the land. The petitioner is aggrieved by this declaration since the petitioner is a purchaser of the land from the original landlord.

(2.) Dispute relates to Survey No.173 (Gat No.213) situated at village Pachwad, taluka Wai, district Satara. The original landlord of the land was one Vasudev Kale. The husband of the respondent ie Narayan, and his brother-Hari, were tenants of the land from the year 1932 onwards. After the death of Narayan, Muktabai-the respondent, became the tenant of the land.

(3.) Before the impugned order was passed, some proceedings were undertaken in respect the land. The first proceeding took place in the year 1964 when the Tahsildar and the Agricultural Land Tribunal Wai (the Tahsildar) conducted proceeding under section 32 (G) of the Bombay Tenancy and Agricultural Lands Act 1948, (Tenancy Act) for determination of purchase price of the land. In the said proceedings, the tenant did not remain present, and by order dated 26 November 1964 the Tahsildar declared the purchase of the land as ineffective. The order declaring the sale as ineffective was not communicated to the tenant.