JUDGMENT - CHITRE J.G., J.:---The respondents are served but they are absent. None present for them. Therefore, this writ petition is heard and is being decided treating them ex parte because it pertains to the year, 1988.

2. The petitioners herein are assailing the correctness, propriety and legality of the judgment and order passed by the Member of M.R.T. in the matter of MRT-NS-XI-6/86 (TEN.S.252/86), Pune dated 12-4-1988 whereby the learned member of the M.R.T. allowed the revision petition filed by the present respondent and set aside the judgments and orders passed by two courts below (i.e. that of Avval Karkun and A.L.T. Satara and that of S.D.O. Satara).

3. The suit land is Gat No. 611 admeasuring 1 hector, 89 acres assessed at Rs. 16-83 out of an area of 80 ares, Southern side situate at the village Kumthe, Taluka Satara. Yeshwant Bhau Nikam, the present respondent, averred that he happens to be the tenant of the said land and the present petitioners are landlords. He averred that the original landlord Ganesh Walimbe, then the deceased, had agreed to sell to him all area of 80 ares out of the suit land, Northern portion and had executed a registered Sathekhat dated 18-5-1976 for a sum of Rs. 8,200/-. He further averred that the remaining portion of the land admeasuring 1 hector 9 acres out of the suit land, Southern portion was held by him as the lawful tenant in physical possession since 1976. He by the application made a prayer to the A.L.T. to declare him a tenant in respect of the area of 1 hector and 9 ares from Gat No. 466.

4. The judgment of A.L.T. and Awal Karkun shows that enquiry was made which revealed that depositions of present respondent and his two witnesses were recorded and thereafter the enquiry was postponed. In the meanwhile on 17-4-1985 Ganesh Walimbe has expired. The Advocate for the present respondent submitted an application on 4-7-1985 requesting the Court to permit him to bring the L.Rs. of the deceased Walimbe on record. Notices to all the heirs were issued and they were served. The enquiry was directed to be held on 22-7-1985, the future date. The present respondent was present on that date before the Court. The order was passed by the Court on 22-7-1985 directing that the said enquiry is to be conducted treating the present petitioners ex parte.

5. In the meanwhile, the said enquiry was transferred to the file of Additional Tehsildar, Satara, for further disposal according to law because one of the L.R. Beby Ganesh Walimbe was serving in the office of Tahsildar, Satara and, therefore, for avoiding the possibility of any complaint the enquiry was directed to be done by Additional Tahsildar. The Additional Tahsildar did not conduct the said enquiry and the said enquiry was transferred to the file of Avval Karkun and A.L.T. Satara who conducted it and passed the judgment and order by which he held that the present respondent was in lawful possession of the suit land. However, he held that as Ganesh Walimbe had died on 17-4-1985 and since no application was moved for the purpose of bringing his L.Rs. on record within the period of one month, the said application had abated and, therefore, it was necessary to dismiss it. Thus, he by his order dated 31-7-1985 dismissed the said application with costs.

6. The said judgment and order was put to challenge by filing the appeal by the present respondent. In the said appeal, the learned S.D.O. Satara held that Avval Karkun and A.L.T. had decided the issue of tenancy on the basis of R.T.S. proceedings only and there was no acceptable evidence to prove that the present respondent was the lawful tenant of the said land. He held that the said finding recorded by Avval Karkun holding the present respondent the lawful tenant of the said land was incorrect and illegal. He confirmed the finding of the Avval Karkun by which he held that as no application for bringing the L.Rs. was moved within time permissible by law, the said application had abated. He confirmed

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