DATTATRAYA GANPAT Vs. GOURIHAR MAHADEO

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Counsel for the respondent.

(2.) This petition filed under Article 227 of the Constitution of India is directed against the order dated 4th July, 1991 passed in Revision Application No. MRT/P/Xl-9/90(TNC-B-324/90) by the Maharashtra Revenue Tribunal, Pune ("M.R.T" for short) whereby the order dated 25th June, 1990 passed by the Sub Divisional Officer, Junnar Sub Division, Khed, Pune in Appeal No. 15/1986 was set aside and the order passed by the Additional Tahasildar, Ambegaon in Tenancy Case No. 463/1985 dated 27th November, 1986 came to be restored.

(3.) The factual matrix of the case is that the land in dispute bearing Gat No. 962 of Village Shingave, Taluka- Ambegaon, District- Pune was, originally, held on tenancy rights by one Ganpat Gorade, who had purchased the same under section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 ("Act" for short). After the death of said Ganpat, name of his son Ramchandra Ganpat Gorade came to be recorded as Manager of the joint Hindu family. The said Ramchandra sold the said land to one Baban Tukaram Gorade somewhere in the year 1975 for a consideration of Rs. 6,000/- without prior permission as required under section 43 of the Act. Consequently, default proceedings under section 84-C of the Act were initiated by the Agricultural Land Tribunal, Ambegaon ("A.L.T." for short) and the said land was forfeited to the Government.