Case Note & Summary
The dispute concerns agricultural lands in Survey No.319/46 and 355/2 in village Khatau, Satara district. The petitioner's forefather was a tenant of the respondent-landlord, with tenancy subsisting on the Tiller's Day (1st April 1957). In March 1962, the landlord obtained a certificate under Section 88C of the Maharashtra Tenancy and Agricultural Lands Act, which was later revoked by the Additional Commissioner in July 1969. The landlord's challenge to that revocation failed before the High Court in August 1972. Thereafter, the tenant invoked Section 32G for deemed purchase, but the Tehsildar declared his suit ineffective in 1978. The tenant appealed successfully to the Assistant Collector in January 1980, but the landlord's revision to the Maharashtra Revenue Tribunal was allowed in March 1981. The tenant then filed Writ Petition No.2474 of 1981, which the High Court allowed in November 1991, remanding the matter to the Tehsildar only for fixing the purchase price. The landlord's SLP to the Supreme Court was dismissed. After evidence, the Tehsildar fixed the purchase price, which the tenant paid and obtained a Section 32M certificate. The landlord appealed to the SDO, who dismissed it in March 1993. The landlord then filed a revision before the Tribunal, which allowed it on 31st December 1997, setting aside the Tehsildar's order. The tenant filed the present writ petition challenging that revisional order. The High Court held that the Tribunal had exceeded its jurisdiction by revisiting issues already decided by the High Court in the earlier writ petition, and by entertaining a new issue regarding the tenant's landholding for the first time in revision. The court allowed the writ petition, setting aside the Tribunal's order and restoring the Tehsildar's order.
Headnote
A) Tenancy Law - Revisional Jurisdiction - Scope of Revision - Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32G, 32M, 88C - The Maharashtra Revenue Tribunal cannot revisit issues that have been conclusively decided by the High Court in a prior writ petition, as the Tribunal is subordinate to the High Court and cannot sit in appeal over its judgment. (Paras 5, 7-8) B) Tenancy Law - New Issue in Revision - Landholding Ceiling - Maharashtra Tenancy and Agricultural Lands Act, 1948 - Section 32G - An issue regarding the tenant's landholding, not raised before the Tehsildar or the Sub-Divisional Officer, cannot be raised for the first time before the revisional authority, as it deprives the tenant of an opportunity to lead evidence. (Paras 5, 9-10) C) Tenancy Law - Deemed Purchase - Purchase Price - Section 32M Certificate - Once the tenant has paid the purchase price fixed by the Tehsildar and obtained a certificate under Section 32M, the tenant becomes the owner of the land, and the revisional authority cannot undo that without valid grounds. (Paras 4, 11)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal could revisit issues already decided by the High Court in a prior writ petition, and whether the Tribunal could entertain a new issue regarding the tenant's landholding for the first time in revision.
Final Decision
The High Court allowed the writ petition, setting aside the order of the Maharashtra Revenue Tribunal dated 31st December 1997 and restoring the order of the Tehsildar dated 30th April 1992.
Law Points
- Revisional authority cannot sit in appeal over High Court judgment
- Issue not raised before lower forums cannot be raised for first time in revision
- Tenant's landholding below ceiling limit does not disentitle him from purchasing tenanted land
