MUKUND HARI MHATRE Vs. MADHUKAR DWARKANATH KADAM

JUDGEMENT

(1.) Heard Mr. Pilankar, learned counsel for the petitioner and Mr. Karandikar, learned counsel for respondent nos. 4 and 8.

(2.) This petition filed under Article 227 of the Constitution challenges an order dtd. 5/9/2013 passed by the Maharashtra Revenue Tribunal (for short "MRT") whereby a Revision Application as filed by respondent nos. 1 to 8 (for short "the respondents") has been allowed, thereby setting aside the order dtd. 28/12/2009 passed by the Sub-Divisional Officer in BD/Tenancy Appeal No. 24/2007 and the order dtd. 13/7/2007 passed by the Tahsildar & A.L.T. Vasai in Tenancy Case no. 84/1/05 was restored.

(3.) It is the petitioners case that petitioner no. 1 was the purchaser/owner of agricultural land, bearing Survey no. 91, Hissa no. 1 and Survey no. 91, Hissa No. 2 admeasuring 32670 sq. yards and 2700 sq. mts. respectively, situated at Village Valiv, Taluka Vasai, District Thane. It is stated that the land was purchased under the provisions of Sec. 32G of the Bombay Tenancy and Agricultural Land Act, 1948 (for short "BTAL Act"). It is the case of the petitioner that after the purchase of the said land, on 27/10/1986 the petitioner and respondent nos. 1 and 2 entered into an Agreement to Sale, in respect of both the lands under which respondent nos. 1 and 2 paid substantial amounts to the petitioner. However, the sale could not be completed although possession of land was handed over in favour of respondent nos. 1 and 2. On 11/5/1994, second Agreement to Sale was entered between the petitioner and respondent nos. 1 and 2 and the earlier agreement dtd. 27/10/1986 was cancelled. It is the case of the petitioner that again this sale could not be completed, as a final registered sale deed could not be entered between the petitioner and respondent nos. 1 and 2.