LALITA RAMESH LASE & ORS. Vs. JAIRAJ KANTILAL SONAWALA & ORS.
SUPREME COURT OF INDIA
Lalita Ramesh Lase And Ors.
Jairaj Kantilal Sonawala And Ors.
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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
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