HANMANT JAISINGH AHIREKAR Vs. BABURAO RAGHUNATH AHIREKAR

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India takes exception to the judgment and order dated 20th October, 1994, passed by the learned Member, Maharashtra Revenue Tribunal, Pune-1 ("the MRT") in Revision Application No. MRT.NS.VI.1/91 (TNC.B.132/91), whereby the learned Member allowed the revision application, and quashed and set aside the order passed by the Sub-Divisional Officer, Koregaon, SubDivision, Satara, on 15th October, 1990, in Tenancy Appeal No.4 of 1988, under Section 84 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as "the Act of 1948") directing the eviction of the respondents from the agricultural lands bearing Gat Nos.22, 24A, 287, 290 to 294A situated at village Vikhale, Taluka Koregaon, District Satara (hereinafter referred to as "the suit lands").

(2.) The background facts leading to the instant petition can be stated in brief as under:

(3.) Being aggrieved by and dissatisfied with the aforesaid order of restoration of possession, the landlords preferred revision before the MRT. It appears that the said revision application was not preferred within the stipulated period of limitation, and, thus, was accompanied by an application for condonation of delay. The learned Member, MRT, after hearing the parties, was persuaded to condone the delay and allow the revision application by one and the same order dated 20th October, 1994. To arrive at the finding that the deceased Jaisingh was not in possession of the suit lands on Tiller's day, the learned Member, MRT, placed reliance on a statement of Hanmant Ahirekar, petitioner No.1, to the effect that the landlords were personally cultivating the suit lands since many years. Thus, the learned Member interfered with the order of restoration of possession of the suit lands, passed by the SubDivisional Officer.