JUDGMENT - B.H. MARLAPALLE, J.:-Writ Petition No. 799/90 arises out of the order dated 14-12-1989 passed by the Maharashtra Revenue Tribunal, Aurangabad setting aside its own order dated 24-6-1989 in Revision No. 96/B/1988/P and also setting aside the orders passed by the Additional Tahsildar, Sub-Division Selu and Deputy Collector, Selu. The land admeasuring about 23 acres 38 gunthas in Survey No. 590 situated at Parbhani belonged to one Shri Prabhakarrao Rajaram Taklikar and the petitioner entered into an agreement on 3-5-1957 with the said Prabhakarrao for cultivation of the said land admeasuring 23 acres 38 gunthas along with the well in Survey No. 590 on tenancy basis for a consideration of Rs. 3,000/-. Subsequently the said land was cultivated by the petitioner and his elder brother Raghorao @ Raghoo. Both the brothers continued to cultivate the said land jointly and in accordance with the provisions of section 38 of the Hyderabad Tenancy Agricultural Lands Act, 1950 they became the joint owners of the said property and certificate dated 27-3-1962 in Form No. 13 (Under Rule No. 22) came to be issued in favour of both the brothers.

2. It is the contention of the petitioner

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