The main legal point established in the judgment is the interpretation and application of the provisions of section 43 of the Bombay Tenancy and Agricultural Lands Act, 1948, regarding the transfer of land and the authority of the S.D.O. to grant and set aside permissions.

JUDGMENT - KHANWILKAR A.M., J.:---This writ petition takes exception to the judgment and order passed by the Maharashtra Revenue Tribunal, Pune, dated October 18, 1999, in Revision No. MRT-P-I-14/94 (B-20/94), Pune.

2.Briefly stated, the respondents 1 to 3 were the original owners of two lands admeasuring 3-H, 59-R out of Survey No. 42 and 0-H, 99-R out of Survey No. 40/2, situate at village Wadavali, Taluka: Maval, District Pune. Respondents 1 to 3 became owners of the said lands after having purchased the same under the provisions of section 32-G of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter for the sake of brevity, in short referred to as "the Act",). In other words, the said respondents 1 to 3 were tenants in the said lands and became deemed purchasers by operation of law. Some time on 18th January, 1992, the said respondents 1 to 3 made application under section 43 of the Act to permit them to transfer the said two lands to the petitioner herein. That application was decided by the S.D.O. on January 24, 1992, granting permission to the said respondents 1 to 3, as prayed for on certain conditions. One of the condition relevant for deciding the present case is that the said transaction between the said respondents 1 to 3 and petitioner was to be completed within three months from the date of granting permission and upon payment of Najrana amount to the Government, failing which the permission would stand cancelled and action for resumption of land under section 84-C of the Act was to be taken. There are other conditions in the said order, however, it is not necessary to advert to those conditions herein. As per the said order the petitioner as well as respondents 1 to 3 were under obligation to conclude the said transaction within three months from the date of order, i.e. on or before 24th April, 1992. However, admittedly, that transaction was not concluded between them. Whereas, some time on March 1, 1992 respondents 1 to 3 made application to the S.D.O. that they have no objection for granting extension of time for payment and for execution of the sale deed as they intend to dispose of the property to the petitioner herein. Soon thereafter on March 5, 1992, the respondents 1 to 3 made another application to the S.D.O. for permission under section 43 of the Act to transfer the land bearing Survey No. 42 only admeasuring 3-H, 59-R in favour of the respondents 4 5 herein. Undoubtedly, this application was filed while the application for extension of time was pending with the S.D.O. filed on March 1, 1992; coupled with the fact that the time provided for in the order dated January 24, 1992 was still subsisting till April 24, 1992. Be that as it may, the fact remains that the said transaction in respect the aforestated two lands was not completed between respondents 1 to 3 and petitioner herein, before April 24, 1992. The order passed by the S.D.O. dated January 24, 1992 makes it very clear that on non-compliance of any of the conditions, which includes non-completion of the said transaction within three months therefrom would automatically result into cancellation of the said order. The other relevant dates that need to be taken note of is that the second application preferred by respondents 1 to 3 dated, March 5, 1992, purported to be under section 43 of the Act, seeking permission to transfer the land bearing Survey No. 42 only in favour of the respondents 4 5, came to be allowed by the S.D.O. on April 30, 1992 on similar conditions which are noted in the earlier order dated 24th January, 1992. Pursuant to this order, respondents 4 5 paid the Najrana amount to the State Exchequer and on May 13, 1992 executed sale-deed with respondents 1 to 3 in respect of land bearing Survey No. 42, admeasuring 3-H, 59-R and also obtained possession of the said land with effect from the said date. The sale deed between the respondents inter se came to be registered at Registration No. 3029 with the Sub-Registra

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