JUDGMENT - M.P. KANADE, J.:---By an order dated December 13, 1982, S.J. Deshpande, J, directed that the Writ petition No. 3352, Writ petition No. 2060/1981, First Appeal No. 137/1979 and First Appeal No. 419/1979 be heard together not later than March 1983. Writ Petition No. 2060/1981 was not connected matter with the other three matters and, therefore, it was independently heard and disposed of by this Court. The rest of the three matters are heard together. However, it is advisable to dispose of these three matters by separate judgment.

2. By this writ petition under Article 227 of the Constitution of India the petitioner-Kerba Bhivaji Shinde who claims to be a tenant of Land Survey No. 2 (2-A) admeasuring 12 acres and 13 gunthas situated at village Rohi-Pimpalgaon, Taluka and District Nanded, challenged the order passed by the learned member of Maharashtra Revenue Tribunal, dated Occupier 12, 1981, whereby it is held that the application against the landlord would not be maintainable under section 32(1) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as 'the Tenancy Act') but the application ought to have been filed under section 98 of the Tenan

Click Here to Read the rest of this document