SHAM KEKHUSHRU Vs. N.P. SHAH

JUDGEMENT

(1.) THIS is an application made by the petitioner Sham Kekhushru under Article 227 of the Constitution of India wherein the petitioner has prayed for the setting aside of the order made by the Bombay Revenue Tribunal on November 22, 1957.

(2.) THIS application raises an interesting point under the Bombay Tenancy and Agricultural Lands Act, 1948. The point is: Has the Mamlatdar got jurisdiction under Section 10 of the Act to decide a tenant's application for the refund of the excess amount if any tendered by him to the landlord under Section 25(1) for obtaining relief against forfeiture? This point arises in the following circumstances:

(3.) NOW , at the outset, the learned advocate Mr. Gokhale appearing for opponent No. 2 raised a preliminary objection to the maintainability of this application. Mr. Gokhale said that the Tribunal by its order of remand dated November 22, 1957, did not pass any final order. The rights of the parties Were not affected by reason of that order. All that the Tribunal had done was to direct the Mamlatdar to determine the reasonable rent and to decide the application of opponent No. 2 made under Section 10 of the Act. Mr. Gokhale contended that unless the Mamlatdar had determined the reasonable rent and had decided the application of opponent No. 2 for refund under Section 10, no question would arise of the rights of the parties being affected and therefore the present application of the petitioner -landlord was not tenable.