JUDGEMENT
N. M. Jamdar, J. -
(1.) By this petition, the petitioner challenges the order passed by
Maharashtra Revenue Tribunal Pune, dated 3 September 1990 in Revision
application No.MRT/MS/XI/5/89. The impugned order declares the
respondent No.1 as a tenant of the land. The petitioner is aggrieved by this
declaration since the petitioner is a purchaser of the land from the original
landlord.
(2.) Dispute relates to Survey No.173 (Gat No.213) situated at
village Pachwad, taluka Wai, district Satara. The original landlord of the
land was one Vasudev Kale. The husband of the respondent ie Narayan,
and his brother-Hari, were tenants of the land from the year 1932 onwards.
After the death of Narayan, Muktabai-the respondent, became the tenant of
the land.
(3.) Before the impugned order was passed, some proceedings were
undertaken in respect the land. The first proceeding took place in the year
1964 when the Tahsildar and the Agricultural Land Tribunal Wai (the
Tahsildar) conducted proceeding under section 32 (G) of the Bombay
Tenancy and Agricultural Lands Act 1948, (Tenancy Act) for determination
of purchase price of the land. In the said proceedings, the tenant did not
remain present, and by order dated 26 November 1964 the Tahsildar
declared the purchase of the land as ineffective. The order declaring the
sale as ineffective was not communicated to the tenant.;
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