( 1 ) BY this Petition filed under article 227 of the Constitution of India, the petitioner Nathu Lotu Buwa has challenged the judgment and order dated 29th April, 1989 passed by the learned member Maharashtra revenue Tribunal, Mumbai (in short "the mrt"), who allowed the Revision filed by the respondent, and set aside the order dated 29- 07-1988 passed by the Sub-Divisional Officer, amalner (in short "sdo" ). (The petitioner and the respondent hereinafter will be referred to as "tenant" and "landlady" respectively ).

( 2 ) TO understand the controversy raised in this petition, it will be appropriate to refer to the facts emerging from the record. Before narrating facts in detail, it is to be noted that the original petitioner died during the pendency of this Writ Petition and his heirs and legal representatives are brought on record, vide an order dated 19-01-2004 and now, the petition is being prosecuted by the heirs.

( 3 ) IT is not in dispute that the deceased-petitioner was a tenant of land Block no. 351 admeasuring 2 H, 52 R situated at chopada (proper) Dist. Jalgaon (hereinafter referred to as the "land"), Ganpat Mahar was the owner and after his death, his widow sak