BALKRISHNA TUKARAM SHIKHARE Vs. MADHUKAR RAMCHANDRA PAWAR

JUDGEMENT

(1.) By this petition (directed to be heard by Division Bench of this Court under Article 227 of the Constitution, the petitioner, Balkrishna Tukaram Shikhare, challenges the order dated 28th November, 1974, passed by the learned Member (Shri D.S. Sonone) of the Maharashtra Revenue Tribunal in review application filed before him by the respondent herein, Madhukar Ramchandra Pawar.

(2.) Facts and circumstances of the case are as follows :---

(3.) The land in dispute admeasures 14 gunthas plus 3 gunthas potkharab bearing Revision Survey No. 809/A/2 (old Revision Survey No. 742) and situated at Karad District Satara. The land in dispute aforesaid is hereafter referred to as the said land. This land was originally purchased by one Pandurang Vasudev Shikhare (paternal grandfather of the petitioner herein) and one Raghunath Dattatraya Vingakar in July 1917. In a petitioner between Pandurang and Raghunath, the said land came to the share of Pandurang. In the year 1959-60, there took place between the petitioner and the respondent herein proceedings known as R.T.S. proceedings before the revenue authorities. These proceedings related to an entry of the respondent Madhukar herein showing his name as a tenant in respect of the said. These R.T.C. proceedings ultimately reached before the Commissioner and the Commissioner by his order dated 26th December, 1961 came to the conclusion in favour of the petitioner herein and against the respondent herein to the effect that the name of the respondant Madhukar was wrongly shown in the revenue records as tenant of the said land. In consequence of this finding, the Commissioner directed the name of the respondent to be delated from the revenue records in respect of the said land. The dispute, however, did not and at this stage but rather commenced and went on further till the present stage when it has come to this Court. As the respondent started obstructing the petitioners in latters possession and enjoyment of the said land, the police authorities at karad passed an order in December 1962 prohibiting the respondent from entering into the said land. Thereupon, the respondant filed Regular Civil Suit No. 224 of 1962 against the petitioner here in the Court of the Civil Judge, Junior Division, Karad, for a declaration that the order passed by the police authorities prohibiting the respondent from entering into the said land was illegal and also claiming permanent injunction against the petitioner herein not to obstruct the respondent from his alleged possession and enjoyment of the said land. The suit was contested by the petitioner. The trial Court by its judgment and decree dated 27th July, 1964 dismissed the suit of the respondent on merits. Civil appeal No. 288 of 1964 preferred therefrom by the respondent to the District Court, Satara, also suffered the same fate of dismissal on 5th April, 1965. The respondant thereupon filed Second Appeal No. 1305 of 1965 to this Court. This second appeal was also dismissed in limine by this Court by its order dated 29th January, 1966, Thus, the dispute relating to the wrong entry of respondents name in the revenue records stood resolved in the petitioner herein and the Civil suit including its entire gamut of appeal to the District Court and second appeal to this Court also stood resolved favour of the petitioner herein. But there was yet another litigation instituted by the respondant against the petitioner herein and that was a proceedings under the Bombay Tenancy Act. The respondant had filed Tenancy Application No. 996 of 1961 before the Tenancy Aval Karkun of karad against the petitioner herein under section 70(b) of the Bombay Tenancy Act for a declaration regarding his alleged tenancy rights in respect of the said land. These proceedings were also contested by the petitioner. The Tenancy Aval Karkun by his order 5th July, 1971, however, allowed the respondents application and declared him to be a tenant of the said land. The petitioner preferred Tenancy Appeal No. 51 of 1971 against the aforesaid order of the Tenancy Aval Karkun. The Appellate Authority viz. the Special Deputy Collector, Tenancy Appeals, Satara, by his order dated 10th March, 1972 allowed the petitioners appeal, set aside the order dated 5th July, 1971, passed by the Tenancy Aval Karkun and dismissed the respondents original application. This order of the Appellate Authority was challenged by the respondent by the preferring against the same revision application to the Maharashtra Revenue Tribunal. The said revision application was heard by the learned member, Shri Sonone, of the Revenue Tribunal. And by its well considered judgement and order dated 25th June, 1974, the Tribunal dismissed the respondants revision application for the following concluding observations :---