GOKULSING JALAMSING Vs. JULALSINGH FATTESING

JUDGEMENT

(1.) Heard learned counsel for the respective parties.

(2.) This petition takes an exception to the judgment and order passed by the Maharashtra Revenue Tribunal, Bombay dated 23.3.1990 in tenancy appeal No.A-143 of 1989.

(3.) Petitioner Gokulsing was the opponent in Tenancy A-143 of 1989 decided by the learned Member of the Maharashtra Revenue Tribunal and in that proceeding present respondent No.1 was the petitioner. Respondent No.1 died and his legal heirs have been brought on record. Respondent No.1 Julalsing had filed Tenancy Application No.4 of 1988 before the Sub Divisional Officer, Jalgaon under section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 ("Act of 1948"). This Tenancy Application No.4 of 1988 has been rejected by the learned Sub Divisional Officer, Jalgaon by order dated 13.2.1989. At the outset, it has to be clarified that Julalsing had filed an application under section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948. In that application, Gokulsingh was the opponent. Prayer made in the said application was that opponent Gokulsing of that application had possessed the subject matter of the said application unauthorisedly since 1976-77 till 1987-88. Unauthorised possession of the agricultural land was sought by Julalsing. This application was filed in January 1988. The proceedings before the Sub Divisional Officer was registered as Tenancy Application No.4 of 1988. Objection has been filed on behalf of Gokulsing, who was opponent. This tenancy application has been decided by the Sub Divisional Officer by its judgment and order passed on 13.2.1989. The application filed under section 84 of the Act of 1948 was rejected. Powers under section 84 have been conferred upon the Sub Divisional Officer.