KHANDERAO BHAU DESAI Vs. GAJANAN MAHADEO KADAM

JUDGEMENT

(1.) Present Writ Petition challenges the judgment and order dtd. 1/1/1998 passed by the Maharashtra Revenue Tribunal, Pune' 1 (Camp at Kolhapur) (for short 'MRT') in MRT Revision Application No.58 of 1992 filed by the predecessor-in-title of Respondent Nos.1(a) to 1(e) whereby the MRT has set aside the order passed by the Sub-Divisional Officer (Assistant Collector) dtd. 25/1/1991 and order dtd. 10/7/1990 passed by the Additional Tahsildar and A.L.T., Panhala.

(2.) The relevant facts necessary for determination of the present Writ Petition are as follows:-

(3.) Mr. Gavnekar, learned Advocate for Petitioner would submit that the order of MRT is clearly erroneous as it fails to consider the effect of the certificate granted under Sec. 88C of the said Act to the predecessor-in-title of the Petitioner in respect of his share to the extent of 6 annas i.e. 3/8th share in the said land. He would contend that claim of the landlord to the entire land was dismissed by the Court of competent jurisdiction on 30/4/1978 which is not considered by the MRT at all.