GULAB ABDUL FAKIR Vs. SATYABHAMABAI G DESHPANDE

JUDGEMENT

(1.) THE present petitioner is the heir and legal representative of Gulab Abdul Fakir who was a tenant in respect of 1/3rd portion of Survey No. 351 admeasuring 1 acre and 29 gunthas situated at village Charam in Shirala Taluka of Sangli District. The 1st respondent is the owner of the said land.

(2.) ON 17th October, 1967 the 1st respondent obtained a certificate under section 88-C of the Bombay Tenancy and Agricultural Lands Act, 1948. The certificate was received by her on 7th July, 1968. She made an application on 7th October, 1968 under section 33-B of the said Act for possession on the ground that the bona fide requires the said land for personal cultivation. The Tahsildar by his order dated 11th February, 1972 granted her application. The tenant preferred an appeal from this order before the Sub-Divisional Officer. In the mean while, however, pursuant to the order passed by the Tahsildar the 1st respondent obtained possession of the portion of the said land which was with the petitioner on 25th May, 1973. Soon thereafter the 1st respondent entered into an agreement to sell the said portion of the land to respondent No. 2 under an agreement of sale dated 29-9-1973. Pursuant to this agreement she put the 2nd respondent in possession of the said portion.

(3.) THE appeal of the petitioner was dismissed by the Sub-Divisional Officer by his order dated 29-6-1974. A revision application was preferred by the petitioner before the Maharashtra Revenue Tribunal at Kolhapur. The Tribunal by its judgment and order dated 10th November, 1975 set aside the orders of both the officers and remanded the matter to the Tahsildar to decide two points: