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2023 Supreme(Bom) 1852

G. S. KULKARNI
Chidanand Ogyappa Yammi – Appellant
Versus
Girish Sahakari Samudaik Krishi Sangh – Respondent


Advocates appeared:
S.G.Deshmukh, Advocate, Ramdas Shelke, Advocate, N.J.Patil, Advocate, Amey N.Patil, Advocate, S.D.Rayrikar, Advocate

JUDGMENT/ORDER

1. This Petition challenges an order dtd. 19/4/2014 passed by the learned Member, Maharashtra Revenue Tribunal (for short "the MRT") whereby Revenue Application No. TNC/REV/SS/46/B/2002 as filed by Respondent No.1 has been allowed. By virtue of the impugned order, the orders of the Sub-Divisional Officer, Miraj, SubDivision, District Sangli, in Tenancy Appeal No. 21 of 2001 dtd. 5/3/2002 and the orders of the Tahsildar in Tenancy Case No. Nigdi Bk-32G/227/2001 dtd. 29/9/2001, are set aside, with a further order, that the case be remanded to the Tahsildar & A.L.T. Jat District Sangli, for a fresh enquiry and a decision thereon be taken in accordance with law, in the light of the observations as made in the impugned order.

2. The dispute between the parties has a chequred history. Respondent No.1 who was the applicant before the Maharashtra Revenue Tribunal (MRT) in the Revision proceedings, is a Co-operative Society, formed with an object of joint cultivation inter alia, of sugarcane, fruits or flowers, etc. The Appellants who are the opponents in the said revision, are the owners of the suit land.

3. Respondent No.1 had taken the suit lands on lease from the Petitioner

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