JUDGMENT - KHANWILKAR A.M., J.:---This writ petition under Article 227 of the Constitution of India takes exception to the judgment and order passed by the Maharashtra Revenue Tribunal, Pune dated March 2, 1990 in Revision Application No. M.R.T.-N.S./VIII/89 (TNC.B.210/89). The land in question is agricultural land bearing Gat Nos. 323 and 799 situated at Village Jamb, Taluka Wai, District Satara. The said land was originally owned by Smt. Housabai Govind Shinde. The said Housabai executed a Lease Deed in favour of the petitioner on September 20, 1987. One of condition stated in this Lease Deed is that the petitioner has been put in actual possession of the suit land along with crops, on condition of payment of 1/3rd (one-third) crops share to said Housabai. On 28th September, 1987, Smt. Parvatibai Sudan Sakunde, the grand daughter of Housabai and Smt. Tarabai Anandrao Babar, step-mother of Smt. Pravatibai, executed a Consent Deed to the Agreement dated September 20, 1987 executed by Housabai in favour of the petitioner herein. The said Housabai died on December 11, 1987, whereafter, the Mutation Entry No. 1102 was effected on December 3, 1988 and the name of Smt. Parvatibai Sudan Sakunde was entered in the record of rights with regard to the suit lands, as the only legal heir of Housabai. The said Parvatibai, later on, executed Sale Deed dated June 7, 1988 in favour of respondent in respect of the suit land for consideration of Rs. 45, 000/- (Rupees Forty-five Thousand). After the said transaction, name of respondent was entered in the record of rights in place of said Smt. Parvatibai vide Mutation Entry No. 1136. The petitioner immediately thereafter, served notice to the respondent on August 16, 1988 expressing his intention to exercise his right to purchase the suit land conferred by virtue of section 33-O of the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act). The petitioner, thereafter, on August 19, 1988, filed application before the Tenancy Awwal Karkun, Wai being Tenancy Case No. 17 of 1988 purported to be under section 70(b) of the Act for declaration that he is tenant in respect of the suit land since August 20, 1987 as per the written agreement of lease. The Tenancy Awwal Karkun, Wai, by making necessary enquiry, in which parties adduced evidence, by judgment and order dated March 15, 1989 allowed the application preferred by the petitioner. The Tenancy Awwal Karkun has adverted to all the relevant materials on record and on analysing the same, has found as of fact, that the petitioner was in lawful cultivation of the suit land, which was earlier belonging to Housabai and now owned by the respondent, as tenant. Against this decision, the respondent carried the matter in appeal before the Sub-Divisional Officer. The Appellate Authority, by judgment and order dated July 21, 1989, dismissed the appeal and confirmed the finding of fact recorded by the First Authority. Accordingly, even the Appellate Authority found, as of fact, that the petitioner was in lawful cultivation of the suit land since September 20, 1987 as tenant. These concurrent decisions were challenged by the respondent before the Maharashtra Revenue Tribunal. The Tribunal, on the other hand, by the impugned judgment and order has allowed the Revision Application preferred by the respondent. To overturn the concurrent views taken by the two authorities below, the Tribunal has found that on proper construction of the Lease Deed, it appears that the petitioner was accepted as partner in cultivation by deceased Housabai and in no way, it would suggest that the intention of Housabai was to lease out the suit lands. The Tribunal then adverted to 7/12 extract and noted that the name of the petitioner is mentioned in the other rights column indicating that the petitioner has right to take water, whereas, the mode of cultivation was mentioned as Type I, which means the land was cultivated personally by the landlady. The Tri

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