BALKRISHNA DINKAR GODHALEKAR Vs. KASHIRAM SONU KARABELE

JUDGEMENT

(1.) HEARD Counsel appearing for the parties. Rule. Rule made returnable forthwith by consent. Mr. Shetye and Mr. Phadke waive notice for the respective Respondents. As short question is involved, this petition is taken up for final disposal forthwith by consent.

(2.) THIS petition under Article 227 of the constitution of India takes exception to the judgment and order passed by the Maharashtra revenue Tribunal, Mumbai, dated December 1, 1999, in Revision No. Ten. R. A. 169 of 1998. The present proceedings have emanated from the inquiry under section 32g of the Bombay Tenancy and Agricultural Lands Act (for short, "the Act")for determination of purchase price in respect of the suit land. The first authority, by order dated October 31, 1996, fixed the purchase price in respect of the suit land, against which the petitioner carried the matter in appeal before the Sub-Divisional Officer, who, in turn, dismissed the appeal by judgment and order dated july 6, 1998. The Petitioners then carried the matter in revision before the Tribunal, which has been dismissed by the impugned judgment and order dated December 1, 1999.

(3.) THE main grievance of the Petitioner is that the Respondents-tenants are not entitled to purchase the suit land in excess of their entitlement in terms of the ceiling area as provided under section 32a of the Act. However, the authorities below have negated that argument on the reasoning that the issue is no more open as the Respondents-tenants are entitled to purchase the suit land to the extent of half portion in terms of the compromise arrived at between the parties before this Court in Special Civil application No. 1094 of 1959 as recorded on 30th january 1960.