1. This writ petition is filed challenging the judgment and order passed by the Maharashtra Revenue Tribunal, Camp Jalgaon, at Bombay dated 2nd August, 1991 in No. Rev.Trb.88 of 1986.

2. The background facts as disclosed in the petition for filing this writ petition are as under:

The petitioner herein is the resident of village Rozode, Taluka Raver District Jalgaon. The suit land is comprised in Survey No. 12/1 admeasuring 0 Hector 98 Ares situated at village Savkhede Khd., Taluka Raver District Jalgaon.

The suit land was previously held and owned by deceased Fakira Daula Tadvi, deceased Kasam Daula Tadvi and deceased Chandkha Daula Tadvi and they have sold the suit land to Shri. Lotu Iccharam Fagade of Rozode on 15th September, 1967 for consideration of Rs.3500/- and corresponding Mutation Entry No. 875 was mutated on 20th October, 1967. Thereafter, the petitioner herein purchased the suit land from Shri. Lotu Iccharam Fagade in the year 1972 for consideration of Rs.40,000/-and corresponding Mutation Entry No. 880 was mutated in the revenue record on 2nd August, 1972. It is the case of the petitioner that, the petitioner has improved the land by spending thousands of rupees and has converted dry land into bagayat land. The suit land is now consolidated into Gat No. 60.

3. It is the case of the petitioner that, initially on the basis of an application filed by Fakira Daula Tadvi and others, the Assistant Collector started an inquiry under Section 3 of the Maharashtra Restoration of Lands to the Scheduled Tribes Act, 1974 (For short, "Restoration Act") in the year 1975 but the case remained pending for many years on account of the stay obtained by the petitioner from the High Court and thereafter, the decision of "Lingappa's Case" wherein the constitutional validity of the Restoration Act was challenged and the Hon'ble Supreme Court has upheld the constitutional validity of the Restoration Act and thereafter, again an inquiry was started under the Restoration Act. Meanwhile, the Collector's powers were delegated to the Tahsildar and the Tahsildar resumed the said inquiry in the year 1985-86 and after recording the statements, the Tahsildar was pleased to pass the judgment and order dated 30th April, 1986 thereby it was ordered for restoration of the land to the respondent Nos. 1 to 3.

Being aggrieved by the said judgment and order of the Tahsildar, the petitioner herein filed an appeal under Section 6 of the Restoration Act before the Maharashtra Revenue Tribunal being Appeal No. Rev. TRB.88 OF 1986. The M.R.T. dismissed the said appeal by his judgment and order dated 26th August, 1988. Hence this writ petition.

4. This writ petition was heard for admission on 19th November, 1991 when this Court was pleased to issue 'Rule' and interim relief in terms of prayer clause (C).

The learned Counsel appearing for the petitioner would submit that, the suit land was purchased by the petitioner from Lotu Iccharam Fagade, however, he was not made party before the Tahsildar. Therefore, the judgment and order passed by the Tahasildar without hearing the said Lotu Iccharam Fagade from which the land is purchased by the petitioner, is nullity. It is further submitted that, in view of the provisions of Section 3 of the Restoration Act, the respondents were bound to give undertaking that, they will personally cultivate the suit land and they will deposit the amount as determined under Section 3 sub-section (4) of the Restoration Act. However, the respondent Nos. 1 to 3 have categorically stated that, they are not willing to pay any amount, which will be determined under Section 3 sub-section (4) of the Restoration Act. The Tahsildar has not considered this aspect of the matter. It is further submitted that, the respondents are not tribal, as they held from Muslim Pathan community and they celebrate their marriages and other ceremonies as per Muslim religion. It is further submitted that, the caste/tribe certificate of the responde