K.N. Saikia, J. - (1.) This appeal by Special Leave is from the judgment of the High Court of Bombay dated 16th Sept. 1976, in Special Civil Application No. 2741 of 1971 upholding the judgment of the Maharashtra Revenue Tribunal.
(2.) The suit land bearing Survey No. 182, owned by Shankarlal Kunjilal, was taken under Government management as per order of the Assistant Collector, Jalgaon bearing No. Ten WS-946 dated 14-12-1950 as the land was lying fallow for two consecutive years. The Mamlatdar, Raver was appointed as a Manager thereof u/S.45 of the Bombay Tenancy and Agricultural Lands Act, 1948, hereinafter referred to as 'the Act'. After assuming the management the land was leased out to the appellant Dhondu Choudhary by the Mamlatdar for a period of 10 years by an agreement of lease dated 7-12-1951. The period of lease accordingly expired on 6-12-1961. However, the management of the land was terminated by the Government by the Assistant Collector's order dated 27-7-1963, and the possession there6f was ordered to be restored to the respondent landlord. There was nothing on the record to show that the lease which expired on 6-12-1961 was extended by the manager thereafter till the termination of management by order dated 27-7-1963.
(3.) The appellant claimed that he was paying rent to the Mamlatdar during the period of 7-12-1961 to 27-7-1963 and thus continued to be a tenant in respect of the land. He filed a Civil Suit against the respondent in the Court of Civil Judge, Raver, who made a reference to the Mamlatdar, Raver who held that the appellant continued to be tenant. The respondent's appeal to the Assistant Collector having failed, he moved a revision application before the Maharashtra Revenue Tribunal, hereinafter referred to as 'the Tribunal', wherein the question arose whether the appellant's tenancy was subsisting on 27-71963, and whether he had become the tenant in respect of the land since that date under the Act.;