GANGARAM Vs. KAMALKISHORE

JUDGEMENT

(1.) This is a writ petition arising of the proceedings under the Bombay Tenancy and Agricultural Land (Vidarbha Region ) Act, 1958 (for short, the Tenancy Act).

(2.) The dispute relates to the field Survey No. 10, admeasuring 18 acres and 29 gunthas of village Tulanga Khurd, Tahsil Balapur, District Akola. The petitioner is a tenant and the respondent No. 1 is the landlord of the suit filed. The respondent No. 1 landlord initiated proceedings under section 38 read with section 36 of the Tenancy Act for resumption of the suit filed. Originally the Tenancy Courts held that the claim of the landlord was hit by section 38(7) of the Tenancy Act. However in the writ petition preferred by the landlord in this Court, the said decisions were set aside and the proceedings were remanded to the learned trial Court for a decision on merits.

(3.) The learned Additional Tahsildar after remand held that the respondent was entitled for resumption of half of the suit field. His order was affirmed in the appeal before the Sub-Divisional Officer as well as in revision before the Maharashtra Revenue Tribunal. It may be stated that the revision before the Maharashtra Revenue Tribunal was dismissed on the ground of limitation. The writ petition filed in this Court against the aforesaid orders of the Tenancy Courts was dismissed in limine. The L.P.A. preferred was time barred and was also dismissed. The respondent No. 1 then filed and application under section 106 of the Tenancy Act for restoration of half of the suit field no him as per the aforesaid order of Tenancy Court. The learned Additional Tahasildar by his order dated 25-2-1980 directed issue of warrant of possession for restoration of half of the suit land. The appeal preferred by the petitioner against the said order was dismissed by the learned Sub-Divisional Officer. Hence, the instant writ petition is filed in this Court by him challenging the orders under section 106 of the Tenancy Act.