1. The Petition was heard earlier on 19.11.2012 and thereafter today. After hearing respective Counsel as this Court found that the S.D.O-. statutory authority expected to decide the Appeal as per provisions of section 74 of Bombay Tenancy and Agricultural Act, 1948 (Hereinafter referred to as Tenancy Act) has failed to appreciate the rival contentions and consideration therein is cryptic. In view of this finding which is reached after hearing, the facts and rival contentions are only briefly mentioned below for the purposes of record.

2. The Petitioners claim that suit land i.e. survey No.85/1 admeasuring 0.34 Gunthas of village Mandivali Taluka District Sindhudurg in Taluka Dapoli District Ratnagiri has been gifted to them by its owner on 13.9.1985. In terms of that gift mutation entry at serial No.11 was taken and its name was recorded on said lands. Present Respondent no.1 claiming to be a tenant challenged that mutation entry in Appeal under section 247 of Maharashtra Land Revenue Code before the S.D.O. Dapoli. The S.D.O. Dapoli found that claim of Respondent no.1 as tenant was not substantiated and in any case was not relevant as there was no adjudication under sect