SADHASHIV Vs. MAHADEO KRISHNA WARKE

JUDGEMENT

(1.) The Writ Jurisdiction of this Court under Article 227 of the Constitution of India is invoked against the order dated 27th April, 1992, passed by the learned Member of the Maharashtra Revenue Tribunal (for short "the MRT"), by which order, the Revision Application filed by the Petitioner was partly allowed to the extent of the matter being remanded back to the Agricultural Land Tribunal (ALT) for a denovo fixation of the purchase price.

(2.) The facts giving rise to the filing of the above Petition in a nutshell can be stated thus:

(3.) The starting point of the controversy is the application made under Section 88C of the Bombay Tenancy and Agriculture Lands Act, 1948 (for short "the BTAL Act") by the landlords before the Tenancy Awal Karkoon, Radhanagari. A certificate accordingly came to be issued to the landlord for half the lands on 27th July, 1960. the landlords thereafter applied under Section 33B read with Section 29(2) of the BTAL Act for possession, which was numbered as Tenancy Case No. 16 of 1962. The said application was founded on the certificate issued to the landlords under Section 88C of the BTAL Act. The said Tenancy Case No. 16 of 1962 for possession came to be allowed by the ALT and the possession was directed to be given to the landlords. The tenants preferred a Revision before the SubDivisional Officer under Section 76A of the BTAL Act. The tenants, it seems, simultaneously filed an application under Section 88D of the said Act challenging the certificate issued under Section 88C of the BTAL Act and prayed for cancellation of the certificate. The Revision Application filed by the tenants against the order dated 29th January, 1965 granting possession to the landlords was dismissed by the SubDivisional Officer by his order dated 24th July, 1965. Insofar as the application under Section 88D filed by the tenants is concerned, the same came to be allowed by the Commissioner by order dated 21st January, 1966 and resultantly the 88C certificate granted in favour of the landlords came to be cancelled.