DATTATRAY KRISHNARAO JAGTAP Vs. ATMARAM KRISHNARAO JAGTAP

JUDGEMENT

(1.) These writ petitions are filed challenging the order passed by the Designated Member, Maharashtra Revenue Tribunal, (hereinafter for the sake of brevity referred to as the MRT") Nashik in case No. 109 of 2001 on 24.4.2002.

(2.) The background facts of the case are as under:

(3.) Learned Counsel appearing for the petitioners invited my attention to the fact that the land in dispute Gat No. 90 is admeasuring 21 Acre which is situated at village Jeur Kumbhari, Tq. Kopargaon, District Ahmednagar. Krishnarao Jagtap was the tenant of the said land. He had four issued viz. i) Atmaram, ii) Jagannath, iii) Dattatraya and iv) Sumanbai. After death of said Krishnarao Jagtap. Sons original tenant divided the suit land in three equal shares actually by metes and bounds as evidence from Exh. A page 15 of the compilation. It is further submitted that respondent No. 1 who is brother of the petitioner Dattatraya has no right to challenge the said surrender, as he has no share or interest in the said property, as the property was already partitioned and he has no challenged the partition. Therefore, according to the learned Counsel, respondent No. 1 who was not party to the surrender and who had no interest or share in the 7 acres land which was fallen to the share of petitioner Dattatraya. According to the learned Counsel the appeal filed before the MRT is not maintainable as respondent No. 1 was not party to the proceedings before the Tahsildar.