JUDGMENT - KHANWILKAR A.M., J.:-This writ petition under Article 227 of the Constitution of India takes exception of the judgment and order dated 30-8-1990 passed by the Maharashtra Revenue Tribunal, Kolhapur in Revision Application No. MRT/KP/77/86.

2. The sole question that arises for consideration in the present case is whether the tenant could have instituted an application under section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 for restoration of his possession or was obliged to file application under section 29 of the Act for such a relief.

3. Briefly stated, the land in question is R.S. No. 512/3 at Village Shiroli, Taluka Hatkanangale admeasuring 27 gunthas only. The predecessor of respondent-Mr. Bala Govinda Patil was lawfully cultivating the suit land as a tenant on the tillers day i.e. 1-4-1957. However, according to the petitioner-landlord, possession of the suit land was obtained from the tenant sometime in 1965 as the tenant surrendered the suit land. The tenant, however, disputed the factum that it was voluntarily surrendered. However, according to them, it was a forcible dispossession. The tenant, on the other hand, filed an application purported to be

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