KRISHNAJI GANESH UNDE Vs. KALURAM BABAN KAMTHE

JUDGEMENT

(1.) The petitioners are aggrieved by the order passed by the maharashtra Revenue Tribunal, Pune dated 31st July, 1991 in Revision application No. MRT. P. V. 7/91 (Tnc. B. 125/1991). By the impugned order, the Maharashtra Revenue Tribunal; hereinafter referred to as "the MRT", has remanded the matter for re investigation on the point of delivery of possession of the suit land to the petitioners and to find out whether the petitioners still continue in possession of the suit land.

(2.) The petitioners questioned the jurisdiction of the MRT to entertain the revision in view of the finality clause in Section 73 of the Bombay tenancy and Agricultural Lands Act, 1948; hereinafter referred to as 'the Act'; which reads as follows :

(3.) In short the submission of the petitioners is that an order in execution passed by the Mamlatdar is only subject to an appeal to the collector and is thereupon made final. Therefore, no further appeal or revision is tenable against that order. The provision under which the mrt has exercised its jurisdiction is Section 76, which is reproduced hereinafter.