JAIRAM KRISHNAS MALI Vs. DIGAMBAR GOPINATH SUTAR

JUDGEMENT

(1.) The present Letters Patent Appeal takes exception to the judgment and order dated 18.06.1997, passed by the learned Single Judge of this Court in Writ Petition No. 1834/1990, whereby the Writ Petition came to be allowed; quashing and setting aside the order of Tahsildar, Buldhana dated 16.09.1986 as confirmed by Sub Divisional Officer, Buldhana and Maharashtra Revenue Tribunal, Nagpur, and the matter was remanded back to the Tahsildar, Buldhana to decide the same afresh. The brief facts relevant for the disposal of the present Letters Patent Appeal are as under.

(2.) The dispute relates to the land bearing Survey No. 12/1 admeasuring about 5 Acres 37 G at village Chikhli, Mouza: Bhadola, Tq. Chikhali, dist. Buldhana (hereinafter referred to as 'said land' for the sake of brevity). The appellant started cultivating the said land as its tenant with effect from 07.05.1967. The respondent, the owner of the land, claimed that the appellant cultivated the said land on 'batai' terms, on partnership basis and, therefore, in the year 1973 instituted Regular Civil Suit No. 34/1973 for possession before the Civil Judge Senior Division, Buldhana. This suit was subsequently transferred to Chikhali Court and it was renumbered as Regular Civil Suit No. 14/1983.

(3.) Since the appellant, claimed to be a tenant of the said land, reference under Section 125 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958, (hereinafter referred to as 'the Act' for the sake of brevity) was made to the revenue authorities. By order dated 22.07.1974, the Agricultural Land Tribunal, Chikhali held the appellant as tenant of the said land. The respondent preferred an appeal before the Sub Divisional Officer, Buldhana. However, the the said appeal came to be dismissed by order dated 25.07.1975. The respondent's revision preferred before the Maharashtra Revenue Tribunal also came to be dismissed by order dated 03.03.1979. The respondent, thereafter, challenged the order of the Maharashtra Revenue Tribunal by filing Writ Petition No. 3141/1980, which was also dismissed by the learned Single Judge by order dated 08.12.1983.