VAIJANATH DHONDIBA MADULKAR Vs. ASHOK BASWANT NAVALGI

JUDGEMENT

(1.) THIS Writ Petition is filed by the petitioners being aggrieved by the Judgment and Order dated 14th October, 1985 passed by the Maharashtra Revenue tribunal, Kolhapur in Revision Application dated 25th July, 1984 against the order of the Special Land Acquisition officer No. 2, Kolhapur in Tenancy Appeal No. 57 of 1984 dated 30th March, 1984.

(2.) BY the impugned Judgment the Maharashtra Revenue tribunal dismissed the Revision Application, and thus, confirmed the findings of the Appellate Authority i. e. the special Land Acquisition Officer No. 2, Kolhapur, who by his judgment and Order dated 30th March, 1984, had confirmed the order of the Tahsildar, Chandgad in Tenancy Case No. 57 of 1984.

(3.) FEW facts which are required to be stated are as follows : The present Respondent Ashok Baswant Navalgi made an application to the learned Tahsildar, requesting him for restoration of possession of the suit land under section 33-B of the Bombay Tenancy and Agricultural Lands Act, 1948 ( the Act ), as he required the same for his bona fide personal use. The land stood in the name of Smt. Giravva widow of Raghu Hajam, who died in 1980, and Shri Dhondiba, the deceased father of the applicants. It was recorded in the Record of Rights, that they were protected tenants. The name of the Respondent Ashok Baswant Navalgi came to be entered as an occupant in respect of the suit land by mutation Entry No. 2029 dated 25th January, 1980 as a successor-in-title of the deceased Giravva under a Will executed on 31st July, 1962. The said Ashok Baswant Navalgi is the son of the sister of the deceased Giravva.