JUDGMENT :- By this common judgment, I shall dispose of both the writ petitions since the issues involved in them are identical. In both these petitions, main question to be determined is : Whether due to conversion to "Islam" religion, the tribals have lost right to reclaim their agricultural lands under section 4 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974 (for short "M.R.L.S.T. Act") and hence the restoration of lands as ordered by the Tahsildar and confirmed by impugned order by the Maharashtra Revenue Tribunal (MRT) deserve to be quashed?

2. The petitioners in Writ Petition No. 850 of 1990 have come out with a case that predecessors in title of respondents, late Vajir Khan, Amir Khan and Subhan Khan transferred Survey No. 12/7 in their favour by virtue of sale deed dated 30th November, 1968. After receiving the sale proceeds, those vendors got purchased some other agricultural lands. The transactions of the predecessors in title of the respondents are covered by explanation (ii) of sub-section (1) of section 3 of the M.R.L.S.T. Act. Thus, it could be regarded as deemed exchange of properties. The land in question (Survey No. 1217) was originally held

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