JUDGMENT - KHARCHE S.T., J.:---Rule taken up for final hearing with the consent of the parties.

2. Invoking the writ jurisdiction of this Court under Articles 226 and 227 of the Constitution of India, in this petition the order dated 28-2-1990 passed by the member, Maharashtra Revenue Tribunal, Nagpur (for short, the Tribunal) confirming the order of the Tahsildar restoring the suit field to the respondent No. 1 and setting aside the order of the Tahsildar by which compensation was determined and remanding the matter back to the Tahsildar for fresh enquiry in relation to value of the improvement made by the petitioner in the suit field and then to pass fresh order to that extent is under challenge.

3. Brief facts sofar as relevant for the purpose of this petition are as under:

The deceased Rambhau Durga Sarate is the owner of agricultural land bearing Survey No. 2-9/5 admeasuring 3.25 acres and Survey No. 2-9/1 area 7.25 acres, total area 10.50 acres. This land was sold by the deceased by virtue of registered sale deed dated 23-4-1974 to the petitioner for a consideration of Rs. 16,000/-. The deceased Rambhau respondent No. 1 filed application on 13-10-1976 before the Tahsildar with

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