INDIRABAI N. BIVALKAR Vs. YADAV G. MHATRE

JUDGEMENT

(1.) This petition is filed by the owners of the land to challenge the order passed by the Maharashtra Revenue Tribunal ("MRT') allowing revision application filed by Respondent Nos. 1 to 10 ("respondents') challenging the order passed by the learned Sub Divisional Officer ("SDO') in a suo moto revision initiated under Sec. 76A of the Maharashtra Tenancy and Agricultural Lands Act, 1948 ("Tenancy Act'). The respondents are heirs and legal representatives of Ganpat Mhatre, claiming to have tenancy rights in the land owned by the petitioners. Learned SDO by exercising powers under Sec. 76A of the Tenancy Act, had set aside orders passed under Sec. 32G to fix the purchase price in favour of the respondents.

(2.) Respondents claim tenancy rights in petitioners' land total admeasuring 115-56-00 H-R-P. Respondents had filed Tenancy Case No. 2142 on 2/5/1989 for declaration of tenancy rights, under Sec. 70(b) of the Tenancy Act, claiming tenancy rights in respect of 30 Acres out of the aforesaid land. According to the respondents, Ganpat Mhatre was the original tenant who expired on 15/10/1958. The application for a declaration of tenancy rights was filed by respondent nos. 1, 3 and 5, claiming tenancy rights being heirs and legal representatives of Ganpat. On 28/11/1991, learned Tahasildar allowed the application, declaring Ganpat Mhatre as a tenant as prayed. The said declaration was challenged by the petitioners before the SDO by filing an Appeal No. 9 of 1992. The said Appeal was allowed on 31/1/1994, and the declaration in favour of Ganpat Mhatre was set aside.

(3.) Being aggrieved by the said order, respondents filed Revision Application No. 193 of 1994 before the MRT. The MRT had allowed the said revision application on 4/4/1995 and remanded the matter to the SDO for a fresh hearing. After remand, the learned SDO, by order dtd. 27/5/1996, allowed the appeal and set aside the order dtd. 28/11/1991, passed in favour of the respondents under Sec. 70(b).