1. This writ petition is filed challenging the judgment and order of the Maharashtra Revenue Tribunal, Bombay dated 12th February, 1992 in Revision Application No. Ten.A.148 of 1990 whereby the judgment and order passed by the Sub-Divisional Officer, Amalner Division, Amalner Division, Amalner dated 1st October, 1990 in Appeal No. TNC/Appeal 6/89 came to be reversed.

2. The back ground facts as disclosed in the writ petition are as under:

The suit land is comprised in Gat No. 143 admeasuring 3 Hector and 46 Are, assessed at Rs.4/- and 6 paise situated at village pimpalbnhairav, Parola, District Jalgaon (For short, "suit land"). The petitioner was inducted as tenant on the suit land in the year 1952-53, by the husband of the respondent i.e. deceased Karimoddin. The suit land was previously divided in two survey numbers i.e. Survey No.61/2 admeasuring 4 Acres and 37 gunthas and pot kharab 15 gunthas, total area 3 Acres and 12 gunthas and Survey No. 61/3 admeasuring 3 Acre and 33 gunthas. The petitioner was cultivating the suit land as tenant from the year 1952-53 and he became deemed purchaser of the suit land on the

"TILLERS DAY".

It is the case of the petitioner that, the husband of the respondent Karimoddin died on 3rd March, 1962 and thereafter, the name of the respondent alongwith her children were corded, as the heirs of the deceased.

It is the case of the petitioner that, Mutation Entry No. 1013 was recorded in the revenue record which has been certified on 30th May, 1962.

3. It is the case of the petitioner that, the respondent i.e. landlady filed an application, purported to be an application under Section 33B read with Section 29 of the Bombay Tenancy and Agricultural Lands Act, 1948 (For short, "said Act"). It was stated in the said application that, she has obtained certificate under Section 88C and hence, the application under Section 33B read with Section 29 of the said Act is maintainable and prayed for restoration of the suit land, as she requires the suit land bona fide for personal use.

The said application of the respondent was allowed and the Additional Mamlatdar by his judgment and order dated 29th February, 1964 restored the possession to the extent of 1 acre and 21 guntha of the Survey No. 61/2.

4. It is the case of the petitioner that, he had already become purchaser of the suit land on the "TILLERS DAY". Therefore, he filed an application under Section 32G of the said Act for fixation of price. It is the case of the petitioner that, he never made any statement before the Tahsildar or before any other authority to the effect that, the petitioner has leased out the suit land in the year 1980 for Rs. 4000/-for five years to Shri. Raghunath Savant Patil, who is Special Mukhtyar (Special power of attorney). It is further case of the petitioner that, there are 7/12 extracts of the suit land from the year 1975-76 to 1991-92, to show that, continuously the petitioner is in possession of the suit land and cultivating the suit land since 1952. The 7/12 extracts are also placed on record by the petitioner.

It is further case of the petitioner that, to his surprise, his application for fixing the price of the land, came to be rejected by the Tahsildar with direction to hand over possession of the suit land to the respondent. It is the case of the petitioner that, the observations of the authority that, the petitioner failed to cultivate the land personally and hence, the respondent is entitled to restore the possession of the suit land for cultivation under Section 31A (C) of the said Act, is not sustainable.

5. Being aggrieved and dissatisfied by the judgment and order of the Tahsildar and A.L.T. Parola dated 23rd May, 1989, the petitioner preferred an appeal under Section 74 of the said Act before the Sub Divisional Officer, Amalner Division, Amalner. The Sub Divisional Officer, Amalner Division, Amalner set aside the order passed by the Tahsildar, Parola.

Being aggrieved and dissatisfied by the judg