NIVRUTI ABBA KHARADE Vs. TATYA KESU KHARADE

JUDGEMENT

(1.) Rule, By consent taken up for hearing Heard both sides

(2.) The application filed on behalf of the respondents under Section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 came to be granted by the Additional Tahsildar and A.L.T. Khatav and further direction was given to take possession from the petitioners of suit land and hand over to the respondents. Being aggrieved, an appeal was preferred by the appellants but the appeal came to be dismissed for default by the Assistant Collector, Phaltan Sub-Division, Phaltan on 23rd January 1991. The same was challenged by the petitioners before the Maharashtra Revenue Tribunal, Pune by filling the Revision. The same came to be rejected by the learned Member, Maharashtra Revenue Tribunal, Pune by order dated 21st September, 1994, inter alia. Observing that the petitioners have filed to avail of the opportunity before the appellate Court and there is no reason to set aside the order passed by the appellate Court. The same is challenged here.

(3.) I am not discussing the merits of the matter in view of the proposed order as otherwise it would prejudice the case of the parties. I just want be mention that there are many documents supporting the case of the petitioners. The petitioners and respondents are closely related. However, as the Assistant Collector, Phaltan Sub-Division, Phaltan, has dismissed the appeal for default, I am remanding the matter to him for deciding the same afresh after giving opportunity to both side. In my opinion otherwise there would be injustice to the petitioners.