ORAL JUDGMENT

1. Heard the learned counsel appearing on behalf of the petitioner. None appears on behalf of the respondents. The petitioner is aggrieved by the order passed by the Tenancy Avval Karkoon, who was pleased to declare the sale of the land by the petitioner herein as invalid since sanction to transfer the land was not obtained under S. 43 of the Bombay Tenancy & Agricultural Lands Act, 1948 (hereinafter referred to as the “Act) and further directed that the said land should be forfeited and should vest in the State Government. The said order was confirmed by the Sub-Divisional Officer in Tenancy Appeal No. 64 of 1989 and by the MRT by his order dated 27th January, 1992.

2. The brief facts are that respondent No.2 was a tenant in respect of the suit lands which are situated at Nagaon, admeasuring 1 Hectare & 28 Ares + 12 Ares which was a Potkharab land. Pursuant to the order passed under S. 32-G of the Act in favour of respondent No. 2, he purchased land and certificate under S. 32-M of the Act was issued in his favour. Thereafter he entered into an agreement with the petitioner herein. According to the petitioner, the said agreement was only a document of mortg