JUDGMENT - T.K. CHANDRASHEKHARA DAS, J.:---The petitioner had filed a suit as Civil Suit No. 430 of 1971 against the respondents for injunction restraining them from disturbing the possession of the petitioner. The petitioner claimed to be the tenant of an agricultural land admeasuring 2 acres 20 gunthas in Survey No. 77/3. The claim of tenancy made by the petitioner in the suit, was contested by the respondents. In that circumstances, the question of tenancy was referred to by the Civil Judge J.D. under section 18-A of the Bombay Tenancy and Agricultural Lands Act, 1940 to the Tahsildar, A.L.T. Thane. The Tahsildar registered the case as Tenancy Case No. 12/1977 and by its order dated 3rd August 1978, the claim of the tenancy made by the petitioner in respect of the suit land was found against. Against that finding, the petitioner filed an appeal before the Additional Collector, Thane. The Additional Collector, Thane registered the appeal TNC/Appeal/18/1979 and passed an order dated 31-3-1982 dismissing the appeal and confirmed the order of the Tahsildar. The petitioner thereupon filed revision before the Revenue Tribunal as TNA No. 181 of 1982. The Revisional Court also dismissed the revision by its order dated 25-7-1985. Therefore, all the authorities below have found that the petitioner is not cultivating tenant in respect of the land.

2. According to petitioner, the suit property was originally belonging to His Highness Maharaja of Morvi and subsequently one Samaldas Laxmidas Gandhi became the owner of the land. As per the extract of record of rights in respect of Survey No. 77/3, from the year 1931-32, one Gandlya Shinvar was cultivating the land as a tenant till 1935-36. Thereafter, it appears that from the extract of revenue record from 1936-37, the name of one Ladkya Gandlya was appeared in the records as cultivating tenant on payment of 21 mounds of paddy as rent and his name was shown in the records till the year 1956-57. It also appears in the records that till 1950-51, his name was shown as a protected tenant. It is not disputed that Rahibai was the wife of Ladkya Gandlya. Therefore, it could be legitimately assumed that after death of Ladkya Gandlya, the property devolved upon Rahibai as a tenant. The aforesaid Rahibai thus filed the suit and the present petitioner on her death, claimed to be a legatee of Rahibai, steps into the shoe of her and continue the litigation.

3. It is significant to note that all the authorities below, referred to the entries made in the revenue extracts, which shows that Ladkya's name was entered into the records till 1951-52 as a protected tenant but this fact which was disclosed in evidence, has not been properly appreciated and considered by any of the authorities below. In other words, all the authorities relied upon the order passed by the Consolidation Officer in consolidation proceedings initiated in respect of certain lands including the suit property. It may be noted that in consolidation scheme, the land in Survey No. 77/3 allotted to Mr. M.R. Agarwal in Gat No. 60/1 and by letter dated 31-1-1966, Consolidation Officer has informed him that the name of the tenant entered into the register is a clerical mistake and it was ordered to be rectified and thereby the name was deleted. It is to be noted here that the proceedings of the Settlement Commissioner seems to have been taken away the evidentiary value of the entry in the revenue extracts in favour of the tenant as noted above. It is the case of the petitioner that the correction made by the Settlement Commissioner was done without notice to Rahibai or to the petitioner. The contention of the respondents before the authorities that Rahibai or petitioner did not file appeal against the proceedings of the Settlement Commissioner, has been accepted in favour of the respondents. It amounts to a serious miscarriage of justice. Moreover, the authorities below have found that the revenue entries started from 1933 continued till 1957 s

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