R.D. Dhanuka, J. - (1.) By this petition filed under Article 227 of the Constitution of India, the petitioner has impugned the order dated 28th April,2017 passed by the Maharashtra Revenue Tribunal in Tenancy Revision Application No. 23 of 2015 filed by the petitioner under section 76 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 rejecting the said revision application arising out of the order dated 5th February, 2015 passed by the collector, Mumbai Suburban District in appeal under section 74 of the Maharashtra Tenancy and Agricultural Lands Act, 1948 confirming the order dated 2nd December,2013 passed by the learned Tahsildar (for short the said MTAL Act). Some of the relevant facts for the purpose of deciding this petition are as under :-
(2.) The land in dispute is land bearing Survey No.318, Hissa No.7A, area admeasuring 1 Acre 12 Gunthas situated at Village Dahisar, Taluka Borivali (hereinafter referred to as the suit property). It is the case of the petitioner that the suit property among various other properties situated at Village Dahisar, Taluka Borivali totally admeasuring approximately 644 acres land originally stood in the name of and belonged to one Mr.Haji Ali Mohammed Haji Cassum. The said Mr.Haji Ali Mohammed Haji Cassum died on 7th November,1946. After the death of the said Mr.Haji Ali Mohammed Haji Cassum, his legal heirs filed administrative suit bearing no.3415 of 1947 in this court for the administration of the entire estate of the said Mr.Haji Ali Mohammed Haji Cassum.
(3.) By an order dated 30th June, 1950, this court appointed the court receiver in the said suit as receiver of the property of the said Mr.Haji Ali Mohammed Haji Cassum with all powers under Order XL Rule 1(d) of the Code of Civil Procedure, 1908. This court by an order dated 25th November, 1952 allowed the court receiver to sell the land admeasuring about 644 Acre situated at Village Dahisar, Taluka Borivali by public auction.;