RAGHUNATH KRISHNA GOLE Vs. SARDAR MUNAF PATEL

JUDGEMENT

(1.) Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

(2.) The above Writ Petition filed under Article 227 of the Constitution of India takes exception to the order dated 08/02/2017 passed by the Maharashtra Revenue Tribunal, Bench at Pune by which order the judgment and order dated 09/07/1999 passed by the Sub Divisional Officer, Wai in Tenancy Appeal No.15/1998 came to be set aside and, the judgment and order dated 27/08/1998 passed by the Additional Tahsildar and Agricultural Lands Tribunal, Wai in Tenancy Case No.32P/Sultanpur/185/98/Wai came to be confirmed. By the said order dated 08/02/2017 the MRT directed the Petitioners-tenants to hand over the possession of the suit land to the Respondent-landlord within three months of the said order, failure to which the Respondent-landlord is at liberty to initiate the execution proceeding before the ALT Wai. By the said order, the Maharashtra Revenue Tribunal (for short "the MRT") held the Respondent landlord entitled to have an enquiry as regards future mesne-profit from 09/05/2017 till the actual date of delivery of possession before the competent civil court.

(3.) The facts giving rise to filing of this Writ Petition in nutshell can in brief be stated as under :- The Petitioners are the tenants of land being Gat No.35/5 (Old S.No.294/5) Area 45 R and Pot Kharab 1 R (herein after referred to as "the said land") situated at village Sultanpur, Tal. Wai, District Satara. The Respondent is the landlord of the said land. The land in question was an Inferior Watan of Class VI land. The father of the Petitioners Krishna Gole was the original tenant of the said land and was in possession on the tillers day. The Petitioners are still in possession of the suit land as tenants. The Respondent sent a notice dated 16/01/1997 to the Petitioners calling upon the Petitioners to hand over the possession of the said land as the Petitioners have failed to obtained certificate under Section 32-G of the Bombay Tenancy and Agricultural Lands Act (for short "the Tenancy Act") within a period of one year as contemplated under Section 32F(1) of the said Act. The Petitioners replied to the said notice vide reply dated 31/03/1997. It is the case of the Petitioners that their father tried to obtain the certificate under Section 32G of the said Act, however, the said land being Inam Class 6B (Patel) land, the proceedings were postponed. For the first time on 29/01/1997, after the notice was received by the Petitioners, the Petitioners came to know that the said land has been re-granted to the mother of the Respondent. It is the case of the Petitioners that the mother of the Respondent never informed the Petitioners about such re-grant. Thereafter Respondent preferred an application to the Agricultural Lands Tribunal, Wai (for short "ALT") inter alia praying for action under Section 32P of the said Act. The Respondent also submitted the order of Re-grant passed by the Mamlatdar of Wai dated 10/10/1963. In the said Application the Respondent stated that it is not necessary to give notice to the tenants that the land has been re-granted. The Tahsildar after considering the evidence and material on record allowed the application filed by the Respondent under Section 32P of the said Act vide its judgment and order dated 27/08/1998. Being aggrieved by the said judgment and order, the Petitioner filed Tenancy Appeal No.15 of 1998 before the Sub Divisional Officer, Wai under Section 74 of the said Act. The SDO by its judgment and order dated 09/07/1999 allowed the said Appeal and set aside the order of the Tahsildar. Against the order of the SDO, the Respondent preferred a Revision Application being No.77/B/99/NS under Section 76 of the said Act before the Maharashtra Revenue Tribunal, which Revision Application came to be allowed by the MRT by order dated 08/02/2017. It is the said judgment and order of the MRT, Pune dated 08/02/2017 which is taken exception to by way of this Writ Petition.