LAXMAN BHANU GAVANE Vs. SHASHIKALA NAMDEO KALANE

JUDGEMENT

(1.) By this Petition, the petitioners have challenged the Judgment and Order of the Maharashtra Revenue Tribunal in Revision Application No. MRT/SH/III/2/89 dated 16th April, 1990 and order in the Review Application No. MRT/SH/IX-4/2/90 dated 31st January, 1991.

(2.) This litigation has a chequered history. One Sakhubai Gavane was a certificated landlady under section 88C of the Bombay Tenancy and Agricultural Lands Act, 1948 (in short "the said Act"). She claimed that she was the landlady for half of 10 acres and 36 gunthas at Survey No. 11 at Village Pothare, Taluka Karmala, District Solapur. The respondents were her tenants. The petitioners herein are the heirs of Sakhubai.

(3.) An application was filed by Sakhubai on 8th January, 1962 under section 33B of the said Act. That application was rejected by the Tenancy Avval Karkoon on 28th February, 1963 on the ground that Sakhubai could not prove that she required the suit lands for her bona fide personal use and cultivation. Sakhubai then preferred a Tenancy Appeal before the Deputy District Collector, Solapur. By an order of 18th June, 1965, the order of the Tenancy Awal Karkoon was confirmed. Sakhubai then preferred a Revision Application before the Maharashtra Revenue Tribunal bearing No. X-19-A-65. The Maharashtra Revenue Tribunal allowed the application on 17th July, 1968 and remanded the matter for a fresh enquiry.