JUDGMENT - A.M. KHANWILKAR, J.:---This writ petition under Article 227 of Constitution of India is directed against the judgment passed by M.R.T., Pune dated 12-8-1986.

2. Briefly stated, the petitioner was the tenant in respect of agricultural land bearing Survey No. 563/2+3 situated at Indapur, District Pune. The petitioner was inducted as a tenant in the suit land prior to 1953 by the original owner Shaikh Jamal Shaikh Mohiddin and Shaikh Amil Ahmeaja Shaikh Hussain. Shaikh Amir A. Shaikh Hussain is the respondent herein. It is common ground that the petitioner was cultivating the suit land as a tenant on the tiller's day i.e. 1-4-1957. By virtue of the provisions of B.T. A.L. Act, the petitioner, being deemed tenant, became deemed purchaser in respect of the suit land. It is the case of the respondent that partition was effected by the landlords inter se some time on 30-12-1957. In the said partition, it is stated that the suit lands came to the share of the respondent herein. It is relevant to point out at this stage that respondent is a Muslim by religion. In the circumstances, he cannot be said to have a pre-existing right in the suit land. That the respondent is the grand

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