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2012 Supreme(Bom) 2208

B.P.DHARMADHIKARI
Shankar Ramrao Rangnekar – Appellant
Versus
Narayan Sakharam Sawant – Respondent


Advocates appeared:
Mr. S.G. KARANDIKAR for Petitioner
Ms. P.S. CARDOZO AGP for State.

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The case involves a challenge to the judgment delivered by the MRT in two revision applications concerning land ownership and tenancy issues related to agricultural lands (!) .

  2. The landowners argued that the tenant, who was declared a deemed purchaser, failed to pay the purchase price in installments, resulting in arrears and ultimately a declaration of purchase being declared ineffective and the land forfeited to the State (!) .

  3. The landowner's subsequent sale of the land to a third party and the tenant's default in payment were central to the dispute, with the revision being filed against orders passed by the Tahasildar and the S.D.O. (!) .

  4. The MRT initially condoned the delay in filing the revision applications based on affidavits, without detailed reasoning, which was challenged on grounds that proper opportunity was not given to oppose the condonation and that the order was non-speaking (!) (!) .

  5. The court emphasized that when there is a delay in filing a revision, the tribunal must first consider the application for condonation separately, providing an opportunity for hearing, before proceeding to the merits of the case. Simultaneous consideration of condonation and merits is not permissible (!) (!) .

  6. The court found that the MRT's order condoning the delay lacked proper application of mind and was not supported by adequate reasoning, rendering it unsustainable (!) .

  7. The judgment clarified that the order condoning delay should be a separate, reasoned decision, and the merits should only be considered after the delay is properly condoned (!) .

  8. The court set aside the impugned judgment and remanded the matter back to the MRT for a fresh, proper consideration of the condonation application, with an opportunity for the parties to be heard, before deciding on the merits of the revision (!) .

  9. The parties are directed to appear before the MRT on a specified date for further proceedings, and the revision applications are to be restored for reconsideration (!) .

  10. The overall ruling underscores the importance of procedural correctness, particularly in the consideration of delay applications, and emphasizes that decisions on condonation must be well-reasoned and separate from merits judgments (!) (!) (!) .

If you need a more detailed analysis or specific legal implications, please let me know.


JUDGMENT

1. The land owners have filed these Petitions questioning the common Judgment dated 27.9.1996 delivered by the M.R.T. Mumbai in two Revision - Applications numbered as Tenancy A.76 of 1995 and Tenancy No.A-189 of 1995. These Revisions were field by the deceased Respondent no. 1 challenging the order dated 12.12.1994 passed by the Forest Settlement Officer, Sawantwadi and order dated 28.2.1991 passed by the S.D.O. Sawantwadi. Nobody has appeared for legal heirs of deceased Respondent no. l. The AGP has opposed the Petition on behalf of the Respondent no. 2 State of Maharashtra and its Officers.

2. Mr. Karandikar, learned counsel for the Petitioner submits that the agricultural lands belonging to the present Petitioner were let out to the deceased Respondent no. 1 and he was declared to be deemed purchaser. He was expected to pay purchase price in 12 instalments of Rs.689/- plus yearly interest from 1974 and last instalment was payable on 22.9.1986. He did not pay the single instalment and was in arrears of Rs.14179/- including interest arrears. The Additional Tahasildar therefore issued final Notice on 2.2.1991 called upon him to credit the entire amount. The notice was igno














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