SAKHARAM BALA MALI GAIKWAD Vs. JANARDHAN BALAJI PHADNIS

JUDGEMENT

(1.) HEARD advocates for the petitioner and respondent.

(2.) THE parties have been litigating about their rights in respect of the suit land since 1951. During last 40 years there have been number of orders and remands to the lower Authorities for at least an half dozen of times, and as such the matter has to be conclusively and finally decided by this Court.

(3.) THOUGH the litigation is going on for last 40 years, the question involved is very short. The respondent made an application under section 88-B of the Bombay Tenancy and Agricultural Lands Act, 1948. The certificate was granted to the respondent on 19-10-1961. Admittedly, the certificate included land over which the petitioner is claiming right. The petitioner challenged the order of granting certificate, but however, he was unsuccessful, after which an inquiry under section 32-G of the Tenancy Act was started for determining the price of the land to be paid by the tenants. But the proceedings were dropped by the A. L. T. on 14-8-1961. This gave rise to the appeals and remands up to the last order of Maharashtra Revenue Tribunal dt. 9-7-1985 by which order, the M. R. T. dismissed both the revisions filed by the respondent against the order of Assistant Collector, Mahabaleshwar dated 21-12-1983 Case No. TA 1/83 and the order dated 21-12-1983 in Case No. 1-A 4/83.