DIGAMBER Vs. KAMLA AND ORS.

JUDGEMENT

(1.) THE appeal takes exception to the judgment and order passed by the learned Single Judge of this Court in Writ Petition No. 516 of 1992 dated 13th of January, 2005, thereby allowing the petition filed by the respondent and upholding the order passed by Tahsildar dated 9th of March, 1988 while setting aside the order passed by the first appellate authority i.e. Sub Divisional Officer dated 27th of June, 1988 and revisional authority i.e. learned Maharashtra Revenue Tribunal, Nagpur dated 19th of November, 1991.

(2.) THE facts in brief giving rise to the present appeal are as under -

(3.) WE have perused the judgment and order of the learned Single Judge, the learned Member, Maharashtra Revenue Tribunal, the learned Sub Divisional Officer and learned Tahsildar. Perusal of the record would reveal that though the notice issued by the respondent mentions provisions of Section 106 of the Transfer of Property Act, it also makes reference to Section 19 of the said Act. Not only this but perusal of paragraph 9 of the order of the Tahsildar would reveal that he has directed the tenant to make the payment of arrears within a period of three months from the date of the order and has further held that on failure to make payment within a aforesaid period, the tenancy shall also stand terminated on the said ground and respondent herein will be entitled to possession thereof. It could thus clearly be seen that the Tahsildar has exercised the jurisdiction as vested in him under Section 30 Sub Section 1 of the said Act. Undisputedly, the appellant/tenant has not paid the arrears within a period prescribed by the Tahsildar.