SAHEBRAO RAMCHANDRA HANDE Vs. JAGANNATH ABAJI NIRBHAVANE

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, at the stage of admission itself, by consent of Mr. Walawalkar, Senior Counsel for the Petitioner, and Mr. Inamdar, learned counsel for the Respondent.

(2.) By this Writ Petition, filed under Articles 226 and 227 of the Constitution of india, the Petiitoner is challenging the order dated 17th February 2017 passed by the Member (Administrative), Maharashtra Revenue Tribunal, Mumbai, in Revision Application No.REV/TNC/NSK/72/2013, thereby dismissing the said Revision Application and confirming the order passed by the Sub-Divisional Officer, Niphad, in Tenancy Appeal No.9 of 2012 as well as the order passed by the Tahsildar, Niphad, in Tenancy Case No.7 of 2003.

(3.) As per the case of the Petitioner, Respondent herein has filed Regular Civil Suit No.172 of 1994 against Petitioner and his brother in the Court of Civil Judge, Senior Division, Niphad, District Nashik, for declaration and permanent injunction, restraining the Petitioner from cultivating the suit land. After the Petitioner appeared in the said Suit, he raised the plea of being tenant in the suit land from the year 1972-73 and as a result thereof, the issue relating to tenancy was referred to the Tenancy Authority, under Section 85-A of the Bombay Tenancy and Agricultural Lands Act, 1948, (for short, "Tenancy Act"). The said Suit came to be dismissed for default on 18th December 200 Hence, on the next date, the Petitioner filed an application under Section 70(b) of the Tenancy Act, which was numbered as 'Tenancy Case No.7 of 2003' in the office of Tahsildar, Niphad.