JUDGMENT - BOBDE S.A., J.:---This petition, by tenants, is directed against the order of the Sub-Divisional Officer, Baramati dated 25th August, 1987 by which the Sub-Divisional Officer has dismissed the petitioners/tenants application for setting aside the execution proceedings.

2. It is not necessary to narrate all the facts of the case. The relevant facts are that after several stages of litigations on 16th July, 1971 the application of the respondent No. 1 landlord for eviction of the petitioner under section 31 of the Bombay Tenancy and Agricultural Lands Act was allowed.

3. It appears that the respondents father Purshottam Pandkar made persistent attempts for obtaining possession of the suit land in pursuance of the order of the Maharashtra Revenue Tribunal. Apparently, after a long period of time the Tahsildar, issued a letter dated 19th December, 1986 and the Circle Officer, Walha, issued an order dated 22nd December, 1986 calling upon the petitioners to deliver possession to the respondent.

4. The petitioners filed an application under section 73-A of the Bombay Tenancy and Agricultural Lands Act against the notice issued by the Tahsildar and the Circle Officer. The only contention raised by the petitioners was that there is no power in the Tahsildar to execute an order for possession after a period of 12 years. That contention has been rejected by the Sub-Divisional Officer, against which the present writ petition is filed.

5. In order to appreciate the contention on behalf of the petitioners, it is necessary to set out the scheme for execution of orders of the Mamlatdar or the tribunal awarding possession to a party. The mode of execution is provided for by section 73 of the Bombay Tenancy and Agricultural Lands Act, which reads as follows:

"73. Execution of order for payment of money or for restoring possession.---

(1) Any sum the payment of which has been directed by an order of the Mamlatdar or the Tribunal including an order awarding costs shall be recoverable from the person ordered to pay the same as an arrears of land revenue.

(2) An order of the Mamlatdar or the tribunal awarding possession or restoring the possession or use of any land shall be executed in the manner provided in section 21 of the Mamlatdars Courts Act, 1906 as if it was the decision of the Mamlatdar under the said Act.

Provided that such order shall not be executed till the expiry of the period of appeal or, as the case may be, of application for revision as provided in section 79.

(3) An order or decision of the Mamlatdar in execution proceedings conducted under sub-section (2), subject to appeal (if any) to the Collector, shall be final."

Section 21 of the Mamlatdars Courts Act, 1906 reads as follows:

"21(1). Where the Mamlatdars decision is for removal of an impediment or for awarding possession or restoring a use, he shall give effect thereto by issuing such orders to the village officers, or to any subordinate under his control or otherwise as he thinks fit:

Provided that, notwithstanding anything contained in this Act where at the time when a decision is recorded by the Mamlatdar for removal of the impediment erected on any land or for awarding possession of any land, there is a crop on such land which has been sown by, or at the expense of, the defendant, and the Mamlatdar is satisfied that it has been so sown in good faith, the Mamlatdar may, and if the defendant makes an application for the purpose and furnishes sufficient security, or deposits in Court a sufficient sum for the payment of the costs of the suit, shall pass an order staying delivery of possession of such land to the plaintiff seeking possession thereof, either---

(a) until the plaintiff agrees to take the crop at a valuation, to be made under the orders of the Mamlatdar according to the value of the crop at such time, including any installments of the Government assessment which the defendant may have paid for the current year; or

(b) where the plaintiff is unwilling to

Click Here to Read the rest of this document