LALITA RAMESH LASE & ORS. Vs. JAIRAJ KANTILAL SONAWALA & ORS.
LAWS(SC)-2016-12-36
SUPREME COURT OF INDIA
Decided on December 16,2016

Lalita Ramesh Lase And Ors. Appellant
VERSUS
Jairaj Kantilal Sonawala And Ors. Respondents

JUDGEMENT

AMITAVA ROY,J. - (1.) Delay condoned.
(2.) The procrastinated dissension in these Special Leave Petitions under Article 136 of the Constitution of India has its inception in the dogmatic claim of the petitioners of' being tenants in respect of individual plots claimed to be in their possession and utilized for cultivation, as envisaged under the Bombay Tenancy and Agricultural Land Act, 1948 (for short hereinafter refer to as 'the Act'). The exercise launched by the petitioners herein to achieve this elusive distinction is traceable to applications filed by them and others claiming to be equally placed, under Section 70(B) of the Act in the office of Tehsildar, Thane for such declaration. After several ups and downs with reversals in fortunes, the Maharashtra Revenue Tribunal (hereinafter also referred to as "the Tribunal") interfered with the decision of the Sub-Divisional Officer, Thane Division, Thane and remanded the matter to the concerned tenancy authority for a fresh round of scrutiny on facts. By the ruling assailed in the present Special Leave Petition, the High Court of Judicature at Bombay has set at naught this determination of the Tribunal and has rejected the claim of the petitioners.
(3.) Though at the first instance, 124 Special Leave Petitions had been filed, this Court by order dated 04.05.2016 has dismissed all except 36 therefrom, as only in the surviving special leave petitions, the petitioners therein had ventured to offer documents in support of their claim. This was more so, as by earlier orders dated 11.07.2014 and 14.03.2016, the petitioners were required to produce documents to substantiate their claim of tenancy under the Act as on the Tiller's Day i.e. 01.04.1957. Be that as it may, the instant scrutiny, as a corollary, is limited to the aforementioned 36 special leave petitions.;


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