JUDGMENT - P.B. SAWANT, J.:---This letter patent appeal is directed against the decision of the learned Single Judge given on January 15, 1985 in two writ petitions being Special Civil Applications Nos. 2607 of 1977 and 1756 of 1973 . The short facts are that the appellant who is non-tribal had in the year 1962-63 purchased three pieces of land from respondents No. 1 who is a tribal. Those lands are comprised in Survey Nos. 9/1, 9/2 and 53. After the purchase, the appellant mortgaged two pieces of land namely Survey Nos. 9/1 and 9/2 with the Maharashtra state Co-operative Land Development Bank on the 30th May, 1968. The mortgage was possessory and the appellant was thereafter placed in possession of the mortgaged lands as a tenant of the Bank. On the May 28, 1975 the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (hereinafter referred to as the said Act) came into force and proceedings were initiated against the appellant under the said Act for restoration of the lands to respondent No. 1. In the said proceedings, the Sub-Divisional Officer passed an order on the 20th December, 1976 restoring all the three pieces of land to respondent No. 1. Against the said d

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