The challenge by the Petitioner in this matter is to the Judgment delivered by the M.R.T. Pune-1 in Revision Application registered as MRT.No.NS.IV.3.911 filed by the Original Respondent no. 1 now represented through his legal heirs. This Court has issued Rule in the matter on 28.5.1995 and stayed further proceedings on 9.2.1996.

2. The facts are not in dispute. The lands at Wai, form the subject matter of this litigation. On 1.4.1957 i.e. the tillor's day a widow by name of Smt Krishnabai was recorded as permanent tenant on these lands owned by one Sakharam Ganu Madhare. Ganpat Krishna Mandhre was recorded as a tenant. On 13.10.1062 proceedings under section 32F were postponed by the Tahsildar and the Agriculture Land Tribunal, Wai as the tenant was a widow. On 30.10.1988 the proceedings under section 32G were disposed of on certain grounds by the very same Authority. This order was set aside by the S.D.O. Mahabaleshwar on 15.11.1989 who directed a fresh inquiry. The fresh inquiry was conducted by the Tahsildar Agriculture Land Tribunal, Wai and vide order dated 28.8.1990 earlier order passed on 30.10.1988 was restored.

3. Against this order Hindurao Ganpati Madhare i.e.