Case Note & Summary
The petitioner, a Public Trust registered under the Bombay Public Trust Act, owned agricultural land survey 209 admeasuring 35 acres at mouza Umarkhed, District Yavatmal. The Trust filed an application under Section 120(c) of the Maharashtra Tenancy and Agriculture Lands (Vidarbha Region) Act, 1958 (MTAL Act) before the Sub Divisional Officer (SDO), Pusad, seeking possession of the land from respondent Datta Gaikwad. The SDO allowed the application by order dated 31.7.2003 in Revenue Case 2/59/98-99 and directed Datta Gaikwad to deliver possession. Aggrieved, Datta Gaikwad filed a revision before the Maharashtra Land Revenue Tribunal (MRT), Nagpur, being Revenue Revision 18/TNC/2003-04. The MRT, by an interlocutory order dated 21.1.2014, permitted the revisionist to amend the memo of revision and raise additional grounds, and by final order dated 24.3.2014, set aside the SDO's order and remitted the matter for fresh enquiry. The Trust challenged both orders by way of writ petition. The High Court examined the limitation issue and found that the revision was filed beyond the prescribed period of 60 days from the date of the SDO's order. The MRT had no jurisdiction to condone the delay as the provisions of the Limitation Act, 1963 were not applicable. Additionally, the MRT allowed the amendment without notice to the Trust, violating natural justice. The High Court held that the MRT acted without jurisdiction and set aside both the interlocutory and final orders, restoring the SDO's order.
Headnote
A) Limitation Act - Revision - Limitation for filing revision - The Maharashtra Land Revenue Tribunal cannot entertain a revision petition filed beyond the prescribed period of limitation under the MTAL Act, and the provisions of Sections 4, 5 and 12 of the Limitation Act, 1963 are not applicable to such revision. (Paras 6-8)
B) Tenancy Law - Amendment of Pleadings - Notice to Opposite Party - The Tribunal erred in allowing amendment of the revision memo without notice to the opposite party, violating principles of natural justice. (Para 9)
C) Tenancy Law - Section 120(c) MTAL Act - Possession - The SDO's order directing delivery of possession under Section 120(c) of the Maharashtra Tenancy and Agriculture Lands (Vidarbha Region) Act was set aside by the MRT without jurisdiction. (Paras 1, 10)
Issue of Consideration
Whether the Maharashtra Land Revenue Tribunal had jurisdiction to entertain a revision petition filed beyond the period of limitation and whether the Tribunal could allow amendment of the revision memo without notice to the opposite party.
Final Decision
The High Court allowed the writ petition, quashed the MRT's interlocutory order dated 21.1.2014 and final order dated 24.3.2014, and restored the SDO's order dated 31.7.2003 directing delivery of possession to the Trust.
Law Points
- Jurisdiction of Revenue Tribunal
- Limitation for revision
- Amendment of pleadings
- Notice to opposite party
- Section 120(c) MTAL Act
- Section 4 Limitation Act
- Section 5 Limitation Act
Case Details
2022 LawText (BOM) (05) 51
Writ Petition 6962 of 2014
Mr. R.L. Khapre (senior counsel) assisted by Mr. R.G. Kavimandan for petitioner; Mr. C.S. Kaptan (senior counsel) assisted by Mr. P.S. Chawhan for respondents 1(1 to 3); Mr. N.R. Rode, AGP for respondent 2/State
Ainath Maharaj Sansthan Umarkhed through Trustees Shivramprasad Anant Sansthanik and Smt. Arti Anant Sansthanik
Datta Mahipati Gaikwad (dead) through LRs Smt. Gayabai, Santosh, and Adv. Vitthal; Maharashtra Land Revenue Tribunal, Nagpur
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Nature of Litigation
Writ petition challenging interlocutory and final orders of Maharashtra Land Revenue Tribunal in a revenue revision arising from an application under Section 120(c) of MTAL Act for possession of agricultural land.
Remedy Sought
The petitioner (Trust) sought to quash the MRT's orders allowing amendment of revision memo and setting aside the SDO's order directing delivery of possession.
Filing Reason
The MRT entertained a revision petition filed beyond limitation and allowed amendment without notice to the Trust, which the Trust contended was without jurisdiction.
Previous Decisions
SDO, Pusad allowed the Trust's application under Section 120(c) of MTAL Act on 31.7.2003 and directed Datta Gaikwad to deliver possession. The MRT set aside that order on 24.3.2014 and remitted the matter.
Issues
Whether the MRT had jurisdiction to entertain the revision petition filed beyond the prescribed period of limitation?
Whether the MRT could allow amendment of the revision memo without notice to the opposite party?
Submissions/Arguments
Petitioner argued that the revision was filed beyond 60 days from the SDO's order dated 31.7.2003, and the MRT had no power to condone delay as the Limitation Act does not apply.
Petitioner argued that the amendment was allowed without notice, violating principles of natural justice.
Respondents argued that the MRT had inherent powers to condone delay and allow amendment.
Ratio Decidendi
The Maharashtra Land Revenue Tribunal has no jurisdiction to entertain a revision petition filed beyond the prescribed period of limitation under the MTAL Act, and the provisions of the Limitation Act, 1963 are not applicable to such revisions. Additionally, any amendment to the revision memo must be allowed only after notice to the opposite party, failing which the order is vitiated by violation of natural justice.
Judgment Excerpts
The revision was filed beyond the period of limitation and the MRT had no jurisdiction to entertain the revision.
The amendment was allowed without notice to the Trust, which is a serious procedural irregularity.
Procedural History
The Trust filed an application under Section 120(c) of MTAL Act before SDO, Pusad, which was allowed on 31.7.2003. Datta Gaikwad filed a revision before MRT, Nagpur (Revenue Revision 18/TNC/2003-04). MRT allowed amendment on 21.1.2014 and set aside SDO's order on 24.3.2014. Trust filed Writ Petition 6962 of 2014 before Bombay High Court, Nagpur Bench, which was allowed on 6.5.2022.
Acts & Sections
- Maharashtra Tenancy and Agriculture Lands (Vidarbha Region) Act, 1958: Section 120(c)
- Limitation Act, 1963: Sections 4, 5, 12
- Bombay Public Trust Act, 1950:
