RAGHUNATH NARAYAN BHADE Vs. SANDU YADAV CHOPADE

JUDGEMENT

(1.) The submissions of the learned counsel appearing for the parties were heard on 23.4.2008.

(2.) By this petition under Article 227 of the Constitution of India, the petitioner has taken an exception to the judgment and order dated 13.7.1989 passed by the Maharashtra Revenue Tribunal at Aurangabad. With a view to appreciate the submissions made by the learned counsel appearing for the parties, it will be necessary to refer to the facts of the case in brief.

(3.) It is not in dispute that a declaration was made under Section 38E of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as the "said Act of 1950") in favour of the original first respondent herein (Sandu Yadav Chopde). The petitioner in this writ petition had challenged the said order by preferring an appeal before the Deputy Collector. In the appeal, a contention was raised by the petitioner that he alongwith the first respondent were the joint tenants in respect of the suit land bearing survey No.112/1 (Gat No.162) situated at village Banshendra, Taluka Kannad, District Aurangabad, admeasuring 7 Acres and 29 gunthas. The second respondent is the original owner of the suit land. The said appeal was preferred after a lapse of about 19 years from the date of order made under Section 38E of the said Act of 1950. The said appeal was allowed by the Deputy Collector by setting aside the declaration made under Section 38F(1) of the said Act, 1950 in favour of the first respondent. The said order of the Deputy Collector was challenged by the first respondent herein by preferring a Revision Application before the Maharashtra Revenue Tribunal. By judgment and order dated 27.2.1981, the said Revision Application was partly allowed by remanding the case to the Deputy Collector for fresh disposal in the light of the observations made in the said judgment. The Deputy Collector by his judgment and order dated 29.6.1983 allowed the appeal preferred by the petitioner in the writ petition and remanded the case to the Additional Tahsildar for holding a fresh enquiry regarding the alleged joint tenancy of the parties. On the basis of the said order of the remand, the Additional Tahsildar by an order dated 25.4.1987 held that both the petitioner and first respondent were jointly cultivating the suit land as co-tenants and that they are entitled to be declared as owners under the provisions of Section 37A and 38F of the said Act, 1950. Accordingly, he ordered that a fresh certificate of ownership be issued to the extent of southern half portion of the land in favour of the petitioner by cancelling the declaration under Section 38E made earlier in favour of the first respondent. An appeal was preferred by the first respondent before the Deputy Collector for challenging the aforesaid order. The appeal was dismissed. While dismissing the appeal, the Deputy Collector directed that the possession of half portion of the southern side of the suit land be handed over to the present petitioner. The first respondent preferred a Revision Application before the Maharashtra Revenue Tribunal. The said Revision Application has been allowed by the impugned judgment and order dated 28.1.1988.