Motiram Jagannath Bhoir v. Balram Pangu Bhopi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.224 OF 2011 Motiram Jagannath Bhoir. -Versus- Balram Pangu Bhopi. ..Petitioner ..Respondent Mr.Vijay Gharat, for the Petitioner. Mr.P.S.Dani with Rampal S. Kohli, for the Respondent. .......... .......... CORAM : S.C.DHARMADHIKARI, J. Date : 14th July, 2011. P.C.: 1 The Maharashtra Revenue Tribunal by the impugned order has dismissed the revision application by assigning cogent and satisfactory reasons. The first reason is that the position prevailing as on tillers day alone is relevant and whether, there has been partition in the landlords family and when; is not for the authorities under the Bombay Tenancy & Agricultural Lands Act, 1948 to decide. The second reason is that the property was purchased by the grand-father of the present Petitioner and on the tillers day, the grand-father was alive. He was only shown as owner of the property. If on the tillers day, the ownership of the grand-father and the Respondent’s or his predecessor’s possession is proved, then, nothing more requires to be seen and looked into. Both reasons are, therefore, very much germane and relevant. The documents have been scanned by the Tribunal consistently with the pleas of the parties. In these circumstances, if the Tribunal holds that its interference under Section 76 *2* wp.224.11.926.sxw of the Act is not warranted, then, such conclusion does not require any intervention in writ jurisdiction. The Writ Petition is devoid of any merit and is dismissed. No costs. (S.C. Dharmadhikari, J)