SARDA EDUCATION TRUST Vs. MUKUND RAMBHAU PINJARKAR

JUDGEMENT

(1.) This appeal by landlords is directed against judgment of the learned Single Judge of this Court allowing Writ Petition No. 2090 of 1989 and remanding the proceedings under section 19 (1) (d) of the bombay Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 (hereinafter referred to as "tenancy Act") for fresh adjudication at the lowest level of Tahsildar, Anjangaon.

(2.) The appellant Sarda Education Trust owns Field Survey No. 19 of village Wadali, Tahsil : Daryapur, District : Amravati. Out of 12. 20 acres of land in this survey number which was in possession of tenant Sitaram he surrendered 8. 20 acres in favour of the appellant/trust by deed of relinquishment on 17-7-1970 and retained for himself as a tenant the remaining 4 acres of the land. According to the appellant, in the year 1977-78 he inducted respondent No. 1 mukund as a sub-tenant. Sitaram expired and respondent No. 2 Prakash is his legal representative.

(3.) The appellant trust which has been granted exemption under section 129 of the Tenancy Act filed application under section 19 (1) (d) of the Tenancy Act for recovery of possession of four acres of land with respondent No. 1 Mukund on the ground that the original tenant Sitaram sublet the land and did not cultivate it personally. This application was filed on 1-10-1983. The Tahsildar held in favour of the appellant by his order dated 31-1-1986. The tenant's appeal to the sub-Divisional Officer was rejected by an order dated 20th February, 1986. Revision to the Maharashtra Revenue Tribunal was rejected by order dated 30th september, 1988. Sub-tenant's attempt to seek review of the said order also failed, since the tribunal rejected the review application by order dated 20th July, 1989.