BANSI Vs. BHAGCHAND AND ORS.

JUDGEMENT

(1.) THE present petition is by the alleged tenant questioning the legality and validity of the order passed by the Member, Maharashtra Revenue Tribunal, Pune in Case No.MRT/AH -I/5/89 (TNC -B -7/89) on 6th July 1990, whereby the revision of the land owner questioning the legality and validity of the order passed by the Court of Tahsildar Pathardi dated 10th March 1987 in Case No.TNC/Case/71/85 (Court Reference No. 123/72) and the order passed by the Sub -Divisional Officer, Rahuri Division, Ahmednagar dated 25th October 1988 in Tenancy Appeal No. 5/87 came to be allowed.

(2.) THE facts as are necessary for deciding the present petition are as under :

(3.) THE present petitioner filed Regular Civil Suit No. 21 of 1969 in the Court of Civil Judge, Junior Division, Pathardi in relation to the suit property, praying decree for possession, damages. It was the case of the plaintiff that the land in question was mortgaged to the father of the present petitioner in December 1956 for a loan amount of Rs. 1,500/ -. According to the parties, the land in question was given on lease for a period of seven years towards the repayment of loan amount of Rs. 1,500/ -. Based on the same, the plaintiff sought possession.