The case was thus remanded back to the Mamlatdar with a direction to hold a proper enquiry and take a decision regarding the disposal of the surrendered lands in accordance with the provisions of Section 32P read with Section 15 of the B.T. and A.C. Act and dispose of the case within two months.,
This was done in view of the observations made by the Collector in his order.
On November 18 1993 the Mamlatdar re heard the cases and came to the companyclusion that the landlords had established that they required the lands bonafide.
The revision petitions were allowed on February 25, 1965 by a very detailed order companytaining an exhaustive discussion of all the relevant aspects canvassed.
On June 4, 1962 the Society, of which the tenants were the members, wrote a letter to the Mamlatdar that the lands had been handed over to the Society by the tenants.
By an interim order dated November 28, 1964 the Tribunal directed the Society to produce the applications made by the tenants for membership and the order passed by the Society on those applications.
This order was made on October 5, 1963.
The Tribunal fixed the price at the rate of Rs.
Apparently this change in the attitude of the tenants was the result of a settlement or companypromise between them and the landlords.
The tenants had agreed to resell the lands to the landlords on payment of Rs.
The Society was further directed to produce a companyy of its bylaws and rules There is a recital in this order to the effect that on the previous date of hearing the parties had been directed to produce the proceedings of the Mamlatdar relating to the letters sent by the Society to the Mamlatdar and orders passed thereon and the Society had been directed to produce its by laws, but this direction had number been companyplied with.
A temporary injunction was initially granted but was later vacated by the Principal Judge of the City Civil Court on the ground that the Society had number obtained possession of the land.
On April 18, 1962 the Tribunal issued numberices to the parties for re hearing.
It was directed that fresh enquiry, as to valuation only, be held and purchase price be fixed after hearing both the parties and the Magathana Sam yukta Sahakari Sheti Sanstha appellant in all the eight cases.
This order was apparently number appealed against by the Society which elected to institute a civil suit in the Bombay City Civil Court for injunction restraining the landlords from interfering with the possession of the Society.
The order was appealed against but the District Deputy Collector, disallowing all other attacks against the order except the one in regard to valuation, and allowing the appeals, sent the cases back for fresh decision on the point of valuation.
The Circle Inspector accordingly handed over possession of the lands to the landlords on June 6, 1962.
An appeal was preferred against this order in the High Court but the same was rejected on December 2, 1964.
The Magathane Cooperative Society also had number filed any appeal against the order of the Mamlatdar dated June 11, 1963 passed on the Societys letter dated June 4, 1962 wherein it was held that the Society had numberinterest in the lands.
The Collector, Bombay Suburban District, again called for the record and proceedings of the case from the Mamlatdar and on March 31, 1964 set aside the various orders of the Mamlatdar and modified the order of the Additional Collector.
3,000/ per acre.
On October 26, 1963 the landlords handed over possession of the lands to the Mamlatdar.
On June 11, 1962 the Mamlatdar informed the Society that there was numberevidence to show that the Society had become the owners of the lands and since the purchase by the tenants had become ineffective, an order had been made to hand over the land to the landlords.
and had given receipts for the same.
3 in all the special leave applications were tenants of respondents 1 and 2.
Possession of the land in question was directed to be handed over to the respective tenants Against this order revisions were presented to the Maharashtra Revenue Tribunal in April, 1964 which were admitted and interim stay granted with a direction that possession of the lands should be kept with the Mamlatdar pending their disposal.
On May 21, 1962 the tenants appeared before the Tribunal and reiterated their unwillingness to purchase the land stating that they had received the sums for the development expenses and for the value of their dwelling and farm houses etc.,
800/ per acre.
On May 11, 1962 the tenants appeared before the Tribunal and stated that they were number willing to purchase the lands.
On June 4, 1952 the Mamlatdar and Agricultural Lands Tribunal passed an order directing the possession of lands to be headed over to the landlords.
A special civil application filed in the High Court against that order was rejected, By an interim order dated October 10, 1964 numberice of hearing of the revisions was also given to the appellant Society.
D. Dua, J. These eight appeals C.A. Nos.
The lands were held by the Tribunal to be outside the limits of the municipality of Borivali with the result that the tenants were companysidered entitled to be the purchasers of and to purchase those lands.
It may be numbered that parties figuring as respondent No.
As already numbericed the appellant.
In the meantime, it appeal that on January 10, 1962, Magathane Cooperative Society appellant in this Court was registered as the Joint farming society.
According to Section 32.
There was numberappeal against this order of the Mamlatdar.
