LAWS(BOM)-2007-10-157

AKKATAI RAMA PORWADI Vs. SHANKAR BHIMA MAGDUM

Decided On October 10, 2007
AKKATAI RAMA PORWADI Appellant
V/S
SHANKAR BHIMA MAGDUM Respondents

JUDGEMENT

(1.) Petitioner is challenging the judgment and order passed by the Maharashtra Revenue Tribunal in Revision Application No. MRT-KP-205/1983 whereby the MRT was pleased to dismiss the Revision Application filed by the Petitioner herein and confirm the order passed by the SDO.

(2.) Brief facts in nutshell are as under:-

(3.) The suit lands were mortgaged in the year 1921 to Shri Laxman Rama Porwade. The mortgagor, later on, leased these lands to the father of Respondent No.1 as tenant on 01.04.1957. The father of Respondent No.1 deceased Bhima Magdum was the tenant in suit lands. Initially, proceedings under section 32G were initiated. However, they were dropped by the ALT by its order dated 30/11/1962. The appeal filed by Respondent No.1 s father was dismissed on 20/6/1963. In revision, MRT was pleased to remand the matter for fresh inquiry. Thereafter, fresh proceedings were initiated. The ALT fixed the purchase price in favour of Respondent No.1 s father. This order was again challenged in appeal. Appeal was dismissed. Thereafter, again, Revision Application was preferred before the MRT. MRT again remanded the matter for fresh trial. After remand, the ALT again initiated proceedings under section 32G and held that Respondent No.1 was not entitled to purchase the suit lands. Against this Order, revision application was filed under section 76-A. In revision, again, the matter was remanded to the Trial Court for fixing the purchase price of the one half area out of the suit lands in favour of Respondent No.1. Against this order, revision was filed by the present Petitioner which was also dismissed.