TUKARAM BANGO THAKARE Vs. NAGO PADU KUMBHAR

JUDGEMENT

(1.) THE respondents were tenants in respect of the suit agricultural land and on 1.4.1957 they have become statutory purchasers. In the year 1967 under the agreement for sale for some -consideration, possession of the land was transferred to the petitioner. Thereafter it appears that the respondents filed an application before the Sub -Divisional Officer, Bhiwandi, Thane under the provisions of Section 84C of the Tenancy Act, contending that the petitioner has not paid the full consideration; no sale deed was effected in favour of the petitioner; that no permission from the Collector as required was obtained for the transfer of possession and as such the petitioner was in unauthorised possession and he is required to be evicted under the provisions of Section 84C of the Bombay Tenancy and Agricultural Tenancy Act. The Sub -Divisional Officer Bhiwandi by his judgment and order dated 26th October 1981 directed that the petitioner be evicted from the suit land under Section 84C of the Tenancy Act.

(2.) BEING aggrieved by the said judgment and order, the petitioner preferred revision application to the Maharashtra Revenue Tribunal bearing No. TEN/A -367/81. The learned President and the Member of the Tribunal by judgment and order dated 9th December 1982 were pleased to confirm the order passed by the Sub -Divisional Officer, Bhiwandi and dismissed the revision.

(3.) SHRI Desai learned Counsel for the petitioner submitted that in as much as there was a registered agreement of sale and possession was transferred for valuable consideration and in as much as vendors did not obtain proper permission from the Collector the vendors should not be allowed to take the advantage of their own wrong.