Anuja Prabhudessai, J. - (1.) With consent, heard finally at the stage of admission.
(2.) The petitioner herein has challenged the Order dated 4th May, 2017 whereby the learned Member (Administrative), Maharashtra Revenue Tribunal, Mumbai, has allowed the revision application and set aside the order dated 23rd February, 2017 passed by the Divisional Officer, allowing the application for condonation of delay of 11 years and 9 months in filing Tenancy Appeal No. 109 of 2015.
(3.) A brief narration of the facts leading to this petition: • The petitioner Company is the owner of the property bearing Gut No. 59 Hissa No.1 (part), admeasuring 69 H-51R-07p situated at Village Chitalsar, Manpada, Taluka & District Thane. (The said property shall be hereinafter referred to as "the subject property". ) Shri Narayan Ganu Tangdi, the predecessor of the respondents nos.1/1 to 1/9 hereinafter referred to as the respondents) claimed to be an agricultural tenant in respect of the subject property. In the year 1991 he filed an application under Section 70(b) of Bombay Tenancy and Agricultural Lands Act, 1948 (B.T.&A.L.Act). The petitioner herein initially contested the said proceeding under Section 70(b). However, subsequently the petitioner failed to appear, and by Order dated 23rd February, 2004, the learned ALT declared said Narayan Ganu Tangdi as a protected tenant in respect of the subject property.;