JUDGMENT - DHABE H.W., J.:---The appellants who are non-tribal transferees have preferred the instant letters patent appeal challenging the judgment of the learned Single Judge maintaining the orders of the authorities under the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short the 'Restoration Act') directing restoration of the suit land to the original respondent No. 2 tribal transferor.

2. The facts are that suo motu proceedings were initiated by the Additional Tahsildar, Pusad under section 3 of the Restoration Act for restoration of Field Survey No. 23/1, area 10 acres 4 gunthas, Tahsil Pusad, District Yavatmal to the tribal transferor i.e. the original respondent No. 2 who has died during the pendency of the instant L.P.A. and therefore, whose name has been deleted by the appellants in this appeal. There was no dispute between the parties that the original respondent No. 2 was Andh by caste and that the appellants were non-tribals. The Additional Tahsildar, Pusad, by his order dated 20th February, 1981, held that the sale transaction between the parties in this case being on 12-1-1972 was within the period referred to in the definition of the expression

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