LAWS(BOM)-1995-12-33

BHAGWAT SADASHIV SARODE Vs. SOMNATH BALKRISHNA SALUNKE

Decided On December 08, 1995
BHAGWAT SADASHIV SARODE Appellant
V/S
SOMNATH BALKRISHNA SALUNKE Respondents

JUDGEMENT

(1.) THIS petition is filed by the original tenant for restoration of possession under Section 37 of the Bombay Tenancy & Agricultural Lands Act, 1948. The trial Court rejected the claim of the petitioner. However, in appeal, Sub-Divisional Officer granted the application of the petitioner for restoration of the land in dispute and the Maharashtra Revenue Tribunal, in revision, set aside the order passed by the Sub-Divisional Officer and restored that of the trial Court. The net result is that the application of the original tenant for restoration of the land under Section 37 is rejected.

(2.) THE land in dispute is Gut No.96 admeasuring 1 Hectare and 96 Ares of village Davalgaon (Taluka : Rahuri, District : Ahmednagar).

(3.) THE application made by the landlord is very specific and mentions that the tenant has given the land in his possession merely for the purpose of personal bona fide cultivation.