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2011 Supreme(Bom) 1468

G.S.GODBOLE
Nivrutti Gangaram Pawar, since deceased – Appellant
Versus
Dinkar Matuti Jadhav – Respondent


Advocates Appeared:
For the Petitioners:R.V. Govilkar, Advocate.
For the Respondent:S.G. Karandikar i/by Dilip Bodake, Advocates.

Judgment :

1 Heard Mr. R.V. Govilkar, learned Advocate for the Petitioner Mr. S.G. Karandikar i/by Dilip Bodake, learned Advocate for the Respondents.

2. Proceedings for eviction commenced by a certificated landlord against an excluded tenant under the BT & AL Act, 1948 have remained pending after having travelled from the Mamlatdar to the SDO, to the MRT, to the High Court and to the Supreme Court and on remand the Petition is being decided. As is usual in proceedings between landlord and tenant under the BT & AL Act, 1948, the litigants are forced to run from one forum to another forum. Like the game of foot ball, the litigants travel from one forum to another forum.

3. The present Writ Petition filed under Article 227 of the Constitution of India seeks to challenge the Judgment and Order dated 07.02.1989 passed by the learned Member of the Maharashtra Revenue Tribunal (MRT) in Revision Application No. 85/1987 filed under the provisions of Section 76 of the Bombay Tenancy and Agricultural Lands Act,1948 (hereinafter referred to as “the Tenancy Act”, for short) whereby the Revision Application filed by the landlord -Petitioner was dismissed and the Judgment and Order dated 10th Feb









































































































































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