Against this order passed by the High Court the appellants by special leave have filed this appeal to this Court.
The tenants appeal to the Maharashtra Revenue Tribunal also came to be dismissed on 30.6.1961.
The tenancy Awal Karkoon Tehsildar by his Judgment and order dated 5.10.1966.
Revision application filed by the tenant to the Maharashtra Tribunal was also dismissed on 24.2.1985.
Before such regrant was made, Mahadeo Mohits, the former Watandar, had sold these lands to M s Hanumant Rao Deshmukh and Wamanrao Ddeshmukh the appellants herein, by registered sale deed dated 4.4.1959.
This application was made to the Deputy Collector who after hearing the parties by his judgment and order dated 3.11.1960 dismissed the same on the ground that the same was number maintainable.
On remand, the TAK Tehsildar after companysidering the material on record, dismissed the tenants application vide its order dated 28.2.1979 holding that it was batted by limitation.
After dispossession, the first respondent tenant for short tenant filed an application on 25.9.1959 under Section 84 of the Bombay Tenancy and Agricultural Lands Act, 1948 for short Act for possession on the ground that the appellants are in unauthorised occupation of these lands.
Against these companycurrent judgments passed by the tenancy authorities, the tenant preferred a Writ Petition to the High Court and the High Court vide its judgments of the tenancy authorities holding that the tenants application was within time after giving him benefit of Section 14 of the Limitation Act.
Both these authorities held that the tenants remedy was to file an application under Section 29 of Act before the Tahsildar for restoration of possession of these lands.
The tenants appeal was also dismissed by the Collector vide order dated 15.2.1983.
From 1.5.1959, the interest in these lands vested in the State Government pending the regrant.
On appeal to the Deputy Collector by the tenant the same was also dismissed but, however, the Maharashtra Revenue Tribunal vide its order dated 7.4.1972 remanded the matter to the Tehsildar to find out the actual date of dispossession and thereafter pass appropriate order.
The appellants and raised a plea that the tenants application was barred by limitation since he did number file the application within two years from the date of dispossession.
Concededly, the first respondent Dinkar Deshmukh was the tenant in lawful possession of these lands till 8.2.1959 on which date according to the Watandar Mahadeo Mohite, the tenant had voluntarily surrendered his tenancy right in his favour.
The tenant on 30.6.1991 filed an application under Section 29 1 of the Act for restoration of possession to which the appellants as well as the Watandar Mahadeo Mohit were joined as respondents.
rejected the said application of the tenant holding that it was barred by limitation.
The High Court directed that the possession of these lands be restored to the tenant.
Pursuant to this sale transaction, mutation was sought to be made in favour of the appellants to which the tenant objected claiming that he was wrongfully dispossessed by the Watandar and the purchasers.
The lands were regranted to the Watandar by the State Government on payment of occupancy price on 8.8.1963.
The tenant moved the High Court by way of Writ Petition which came to be dismissed on 19.9.1977.
These lands were Watan lands of Class IV and the said Watan was abolished under the provisions of Bombay Pargana and Kulkarni Watan Act, 1950.
P. Kurdukar, J. The lands bearing Survey Nos.
9/1B, 8B, 3B, 4B, and 5B situate in villages Shivgaon, Taluka Khanapur, District Sangli, were owned by one Mahadeo Mohite since deceased .
