( 1 ) THIS petition filed by the original landlords has brought in question the order passed by the assistant Collector, Shahuwadi Division, Kolhapur on 28/7/1978 allowing an application filed under Section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 ( the Act for short ) and subsequently confirmed by the learned Member of the Maharashtra Revenue tribunal at Kolhapur on 18/9/1979 by rejecting revision Application No. 256 of 1978.

( 2 ) THE facts briefly stated are that the agricultural land located in Survey No. 60/1 admeasuring 2 Acres and 29 Gunthas and in Survey no. 60/2 admeasuring 2 Acres and 4 Gunthas belong to the original petitioners no. 1 and 2 i. e. Maruti ramaji Patil and Dattatraya Ramaji Patil. Mr. Dhondi babu Mohite was the tenant on the said land and he died on 20/12/1974. His LRs i. e. present respondents submitted an application under Section 84 of the Act to the Tahasildar on or about 19/7/1976 claiming that dhondi Mohite was the tenant as on 1/4/1957 on the subject land and he was dispossessed sometimes in the year 1958-59 by the landlords forcibly and without obtaining any order from the Mamlatdar under Section 29 of the Act. They also claimed that

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