RAJARAM GANGARAM DALAVI Vs. SHIVAJI RAMCHANDRA NIKAM

JUDGEMENT

(1.) A chequered past and one does not know if there will be a chequered future. The litigation continues right from the year 1962. The Landlords-Respondents filed an application as certified landlords for resumption of land admeasuring 5 Acres 39 Gunthas identified under Survey No.227/1 which was tenanted to the petitioners herein and situated in Taluka Vaduj, of District Satara.

(2.) The last order challenged by the Petitioners is the order dated 20th July, 1991 whereby the Maharashtra Revenue Tribunal, Pune, dismissed the Revision Application preferred by the Petitioners herein against the order of the Appellate and Revisional Authorities, who had directed that the landlord Ramchandra, since deceased, should be allowed to resume the entire land. During the pendency of the proceedings in May, 1979 the original landlord Ramchandra has expired and the proceedings thereafter have been maintained by his legal heirs. A series of orders including remands by the Revisional Authority on 25th February, 1972 and subsequently by the Appellate Court on 29th October, 1986 in Appeal No.7 of 1986 have been unable to put an end to this litigation.

(3.) Shri Rane, the learned Counsel for the Petitioners contends that the order of the Tribunal has to be set aside. He has principally raised two contentions viz, (1) the mortgaged lands of the petitioners which had been subsequently released from mortgage had not been taken into consideration at the time of bona fides requirements of the landlord and (2) subsequent to the death of the landlord-Ramchandra and his heirs continuing subsequent to May, 1979 it was the bonafide requirement of the heirs that has to be taken into consideration and this has not been done.