LAWS(BOM)-2019-7-297

BABURAO PANDURANG MADANE Vs. JAGANNATH SOPAN ZINJE

Decided On July 29, 2019
Baburao Pandurang Madane Appellant
V/S
Jagannath Sopan Zinje Respondents

JUDGEMENT

(1.) By the present Petition under Article 227 of the Constitution of India, the Petitioners-tenants have impugned Judgment and Order dated 12th October, 1999 passed by the learned Member of the Maharashtra Revenue Tribunal, Pune (for short, the MRT, Pune), in Revision Application No. MRT-SH-VII-3/95 (B116/95) Pune, allowing the said Application and setting aside the Order dated 3rd July, 1992 passed by the Agricultural Lands Tribunal (for short, "ALT"), Malshiras, District Solapur and Order dated 30th May, 1995 passed by the Sub-Divisional Officer, Pandharpur Division, Pandharpur in Tenancy Appeal No.47 of 1992 under the Bombay Tenancy and Agricultural Lands Act, (for short, "the B.T.A.L. Act").

(2.) Heard Shri. P.B. Shah, a/w Mr. Avhad, the learned counsel for the Petitioners. The Respondent is absent though duly served. Perused the record.

(3.) The record indicates that, the Petitioners were declared tenants under the provisions of the B.T.A.L. Act with respect to the Suit land i.e. survey No. 39/1 (part) admeasuring 13 acres and 2 ares, lying and situate at village Kusmod, Taluka Malshiras, District Solapur. That, an enquiry under Section 32-G of the B.T.A.L. Act was conducted by the ALT, Malshiras, in the year 1968 and the Petitioners were directed to pay the price of the suit land in six installments between the year 1968 to 1974. The record further indicates that, on 7 th August, 1969, the Respondent executed a lease-deed in favour of the Petitioners for cultivation of sugar-cane on the suit land. The said lease deed was to remain in force upto the end of year 1999.