TATYA VITHOBA DETHE Vs. MADHAVDAS K MAYSURKAR

JUDGEMENT

(1.) The petitioners have challenged the order passed by the Tenancy Awal Karkun, Pandharpur on 30.9.1982 in Tenancy Case No.84/B/Takali, the order passed by the Sub-Divisional Officer (in short, S.D.O.), Pandharpur Division, dated 15.9.1990 in Tenancy Appeal No.1 of 1983 and the order passed by the Maharashtra Revenue Tribunal (in short, M.R.T.) on 21.6.1991.

(2.) The brief facts giving rise to the present petition are as follows:-

(3.) An appeal was, therefore, preferred by the petitioners to the S.D.O. challenging both the aforesaid orders. The S.D.O. allowed the appeal by observing that Tatya was the tenant of the land on the date of the sale and hence the proper order should have been to restore the land to Tatya and not the landlords assuming the sale was invalid. The S.D.O. also held that the petitioners were in actual possession of the suit lands alongwith Tatya. The proceedings were then remanded to the Trial Court by the S.D.O. for a decision on merits. Revision applications were filed by both, the petitioners and the landlords before the Maharashtra Revenue Tribunal. The petitioners filed their revision application contending that instead of remanding the matter, the S.D.O. ought to have regularised the sale on payment of penalty. The revision filed by the landlords was allowed while the revision of the petitioners was dismissed, thus resulting in restoration of the order of the Tenancy Mahalkari and Tenancy Awal Karkun. The order of the S.D.O. remanding the matter to the Trial Court was set aside.