SONRAJ BHAVARLAL JAIN Vs. GANPAT CHANDRA VALVI

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner.

(2.) The challenge in this petition under Article 227 of the Constitution of India is to the judgment and order dated 17.8.1990 passed by the learned Member of the Maharashtra Revenue Tribunal.

(3.) The first respondent had executed a sale deed dated 7.4.1966 in favour of the father of the petitioner in respect of an agricultural land bearing survey No. 14 admeasuring 5.23 hectares with Pot Kharaba of 0.15 hectares. The proceedings were initiated under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the "said Act"), for restoration of the said land in favour of the first respondent. After an enquiry, the matter went upto the High Court and ultimately, a fresh enquiry was ordered by the Maharashtra Revenue Tribunal. An order was passed by the Tahsildar on 14.1.1988 by holding that originally one Ghevarya Tushya Bhiru was the agricultural tenant in respect of the said land. On 14.3.1959 the first respondent purchased the said land from the said Ghevarya, who was claiming to be the agricultural tenant. The Tahsildar found that said Ghevarya ought to have taken permission before selling the suit property as required under the provision of Bombay Tenancy and Agricultural Lands Act, 1948. Hence, the Tahsildar directed that though the proceedings under the said Act 1974 were required to be dropped, proceedings under sub-Section 3 of Section 36 of the Maharashtra Land Revenue Code, 1966 shall be initiated. The said order was challenged by the first respondent by filing a Revision Application before the Maharasthra Revenue Tribunal. The said revision application was allowed by directing restoration of possession in favour of the first respondent.