LAXMAN BALAPPA BOKADE Vs. VITHOBA KHANDAPPA BOKADE

JUDGEMENT

(1.) THE present petition is directed against the judgment and order dated 19th December, 1990 passed by the Maharashtra Revenue Tribunal In Revision Application No. MRT/SH/VI/22/89.

(2.) THE facts relevant for the present petition are as under. The disputes relate to Land Gat No. 82 area admeasuring 85 areas situated at village Chapalgaon in Akkalkot Taluka of Solapur District. The petitioner claims tenancy rights while the respondent No. 1 is a landlord of the same. A Regular Civil Suit No. 63 of 1983 is filed by the respondent -landlord for possession. Upon pleadings, the following issues came to be framed and referred to the Tenancy authority under Section 85A of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the Act for sake of brevity). Issue No. 3 : Whether the defendant proves that he is in possession of land as tenant.

(3.) AFTER remand, the Tahsildar Akkalkot by order dated 13th March, 1989 has held that the petitioner has failed to exercise his rights to purchase as he has not given notice recording therein his intention to purchase the suit land within one year from the date of creation of tenancy. The said order is confirmed by the Appellate Authority, Sub -Divisional Officer, Solapur by order dated 25th May, 1989. The said order is further confirmed by the Tribunal by its order dated 19th February, 1990, which order is challenged in the present petition.