DIGAMBAR P DESHMUKH Vs. MOHAN B DESHMUKH

JUDGEMENT

(1.) THIS petition is directed against the judgment and order dated 5th August, 1985 passed by the Maharashtra Revenue Tribunal, Aurangabad in Case No. 179/d/84- Osmanabad.

(2.) THE petitioner contends that he had filed an application before the tahsildar, Osmanabad on 23rd January, 1974 for termination of tenancy and restoration of possession of the suit lands under section 32 (2) read with sections 19 and 28 of the Hyderabad Tenancy and Agricultural Lands act, 1950 (hereinafter referred to as 'the Act of 1950' ). The Tahsildar, by an order dated 18th June, 1975, declared the tenant as defaulter and granted relief under section 28 of the Act of 1950 for payment of rent. The said order was challenged before the Deputy Collector, Land Reforms in Appeal, which came to be dismissed on 31st March, 1979. An appeal was preferred to the Maharashtra Revenue Tribunal, Aurangabad (hereinafter referred to as the M. R. T. ). By an order dated 4th February, 1980, the M. R. T. remanded the matter back.

(3.) THE Additional Tahsildar, Osmanabad by an order dated 5th October, 1983 rejected the application of the petitioner/landlord filed for seeking possession of the suit property. Being aggrieved by the said order, the petitioner/landlord preferred an appeal to the Deputy collector, Land Reforms, Osmanabad. By an order dated 24-9-1984, the deputy Collector, Land Reforms, Osmanabad set aside the order passed by the Additional Tahsilder and directed restoration of the suit property to the petitioner. The original respondent Mohan Bhaurao Deshmukh thereafter preferred revision to the M. R. T. which came to be allowed by judgment and order passed on 5-8-1985.