KHANDERAO BHAU DESAI vs GAJANAN MAHADEO KADAM AND ORS.

Judgment text excerpt

WP.1377.98.doc Ajay IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1377 OF 1998 Khanderao Bhau Desai .. Petitioner Versus Gajanan Mahadeo Kadam (Since Deceased) through by LRs Chandrakant Gajanan Kadam (Since deceased) through LRs Chaya Chandrakant Kadam and Ors. .. Respondents ....................  Mr. C.G. Gavnekar a/w. Mr. Ashutosh Gavnekar and Mr. Rohit Parab, Advocates for Petitioner.  Mr. Abhay S. Khandeparkar, Senior Advocate a/w. Mr. Rushikesh G. Bhagat, Advocates i/by Khandeparkar & Associate for Respondent No.1. ......…........... CORAM : MILIND N. JADHAV, J. DATE : JUNE 30, 2025. JUDGMENT: 1. Present Writ Petition challenges the judgment and order dated 01.01.1998 passed by the Maharashtra Revenue Tribunal, Pune – 1 (Camp at Kolhapur) (for short “MRT”) in MRT Revision Application No.58 of 1992 filed by the predecessor-in-title of Respondent Nos.1(a) to 1(e) whereby the MRT has set aside the order passed by the Sub-Divisional Officer (Assistant Collector) dated 25.01.1991 and order dated 10.07.1990 passed by the Additional Tahsildar and A.L.T., Panhala. 1 of 20 WP.1377.98.doc 2. The relevant facts necessary for determination of the present Writ Petition are as follows:- 2.1. Petitioner’s predecessor-in-title Bhau Tukaram Desai was admittedly a tenant of land bearing Survey No.137 (1) admeasuring 9 Acres and 6 Gunthas and assessed at Rs.11/- situated in Village Kate Bhogaon, Taluka Panhala, District Raigad (for short “said land”). Predecessor-in-title of Respondent Nos.1(a) to 1(e) namely Mahadeo Sripati Kadam was admittedly the landlord of the said land. 2.2. On 22.11.1968, landlord Mahadeo Sripati Kadam filed Application under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, 1948 (for short “the sa