SHOBHA DAULATRAO BANKAR Vs. SADASHIV ANAJI GANGURDE

JUDGEMENT

(1.) This writ petition is filed with following substantive prayer:-

(2.) The facts in brief, leading for filing the petition are as under:-

(3.) It is the case of the petitioner that, the petitioner's predecessor preferred application under Section 70 (B) of Bombay Tenancy & Agricultural Lands Act, for declaration of tenancy. By order dated 06.09.1996, petitioner's predecessor was declared as tenant. However, said decision was set aside in appeal and the matter was remanded for re-trial. Once again by order dated 04.09.1998, petitioner's predecessor was declared as tenant. Again the matter was remanded by SDO, Niphad Division, Niphad in Tenancy Appeal No. 7 of 1998. After this second remand, the case was numbered as Tenancy Case No. 2 of 1999 and was tried by Tahsildar and ALT, Niphad. It is further the case of the petitioner that in the meantime, by consent of parties, purchase price in respect of remaining two lands bearing Survey Nos. 758/12 and 758/13 came to be fixed, and accordingly purchase price was paid and accepted by the landlords. The Petitioner submits that, however, in respect of Survey No. 758/14, the proceeding of application under Section 70 (B) of the said Act, continued.