ANANDKUMAR SHESHMAL JAIN Vs. MEMBER

JUDGEMENT

(1.) Heard Shri A.S. Kilor, the learned Counsel appearing on behalf of the petitioner and Shri D.B. Patel, the learned Assistant Government Pleader appearing on behalf of the respondent Nos.1 and 2. None appears on behalf of the respondent No.3.

(2.) The petitioner, by filing this petition under Article 226 and 227 of the Constitution of India, takes exception to the order dated 27th August, 1999 passed by the learned Member, Maharashtra Revenue Tribunal, Nagpur in Revision Application No. TEN/45/B/99, whereby the revision filed by the respondent No.3 came to be allowed. The order of learned Sub Divisional Officer was set aside and the case was remanded to the lower Court for holding fresh enquiry after giving sufficient opportunity of hearing to the concerned parties. The brief facts arising for disposal of present petition are as follows.

(3.) The petitioner filed an application under Section 120 of the Bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred as the .said Act.) for summary eviction of the respondent No.3. It was the case of the petitioner that the suit property bearing Gat No.63, admeasuring 1 hectare 52 R situated at village Nipana, Taluka Khamgaon owned by the father of the petitioner namely, Sheshmal Godamal and after the demise of his father, the petitioner has become the owner of this property. The case of the petitioner further proceeds that he stays at Pune and since the respondent No.3 was working as a labourer in his suit field, the petitioner used to entrust the work to the respondent No.3 to engage the other labourers for operation of the suit field. The respondent No.3 changed the revenue record taking advantage of the fact that the petitioner is having faith in him, and got inserted his own name as the owner in the record of the right of suit property. In the facts and circumstances, the petitioner had no alternate remedy but to approach the learned Sub Divisional Officer for summary eviction of respondent No.3 under the provisions of Section 120 of the said Act.