JAYANTILAL SHANTILAL SHAH Vs. VIMAL KIRAN SHAH

JUDGEMENT

(1.) This petition challenges the order dated 5-6-1989 passed by the Sub-Divisional Officer, Sangamner, deciding third party application.

(2.) The petitioner had filed Tenancy Case No. 89 of 1988 in the Court of tenancy Awal Karkun, Kopargaon, under section 70-B of the Bombay Tenancy act for declaration of his status as a tenant qua the land Survey Nos. 452/2-B and 456/1-B situated at Kokamthan Taluka Kopargaon District ahmednagar.

(3.) During the pendency of the tenancy case, respondent No. 1 filed an application to the Tahsildar for joining her as a party to the proceedings because she had some interest in the property and the disputes in respect of the property were pending before the Civil Court. By his order dated 9-4-1989 the tenancy Awal Karkoon, Kopargaon, rejected the said application. After this order was passed, the petitioner filed a caveat before the Sub-Divisional Officer, sangamner, on 1-6-1989 and the copy of the said caveat was sent to respondent No. 1 by registered post which was received on 30-5-1989. Inspite of this, in the appeal filed by respondent No. 1 on 6-6-1989, the sub-Divisional Officer, without issuing notice to the petitioner, ignoring the caveat and without hearing the both the sides, passing the impugned order allowing the appeal and giving a direction that respondent No. 1 should be made a party to the tenancy proceedings in Case No. 89 of the 1988, as per her application dated 9-5-1989. This order is challenged by the petitioner in this petition.