BALI AND ORS. Vs. INDUMATI AND ORS.

JUDGEMENT

(1.) THE present petition is by the alleged tenant, questioning the legality and validity of the order dated 21st September, 1989, passed by the Member, Maharashtra Revenue Tribunal, Aurangabad, in Case No. 71/B/88/Beed, confirming the order passed in Appeal No. 87/TNC/A/21, by Deputy Collector, Land Reforms, on 31st May, 1988, whereby the order passed by the Tahsildar in File No. 86/TNC/A/73, dated 15th April, 1987, came to be confirmed.

(2.) THE petitioner has filed Regular Civil Suit No. 126 of 1972, in the Court of Civil Judge, Junior Division, Ambajogai against the respondents for perpetual injunction in relation to the property survey No. 1 -AA, ad measuring 3 Acres and 30 Gunthas, situated at village Warapgaon, Taluka Ambajogai. In the said suit, it is claimed by the petitioner that he is a tenant in the property since last 25 years prior to the institution of the suit and further claimed that the respondents/defendants, who have no concern whatsoever, are trying to interfere in his possession.

(3.) HAVING regard to the pleadings, in view of section 99 -A of the Hyderabad Tenancy and Agricultural Lands Act (hereinafter referred to as the "Act", for the sake of brevity), the issue "whether the plaintiff proves that he was and is tenant of the suit land -, came to be referred to the Tahsildar.