JUDGMENT - DHABE H.W., J.:---This is a writ petition arising out of the proceeding under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short, "the Restoration Act").

2. The respondent No. 3 is the heir of the deceased Tukaram. Tukaram was a tribal and had executed a sale-deed on 18-6-1957 in favour of the father of the respondent No. 4 viz. Vithal Nagoji Thakare, who was a non-tribal. It is the case of the petitioner that he was inducted as a tenant by the said Vithal upon the suit field and, therefore, was in possession of the same as his tenant. After the Restoration Act came into force the original respondent No. 3 Tukaram filed an application before the Deputy Collector and Special Land Acquisition Officer, Yavatmal, under section 3 of the said Act claiming restoration of possession of the suit field form the petitioner as well as the respondent No. 4. The original respondent No. 3 Tukaram claimed that he was bond by caste and was thus a tribal within the meaning of the said expression given in section 2(1)(j) of the Restoration Act. He, therefore, claimed that he was entitled to restoration of possession of the suit field. After notice, the Responde

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