Case Note & Summary
The petitioner, a teacher, challenged the judgment of the Maharashtra Revenue Tribunal (M.R.T.) dated 21.10.2011 in Revision Application No.TEN/B40/2009 under Section 111 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958. The dispute arose from a civil suit where a reference was made to the Tahsildar under Section 125 of the Act. The Tahsildar and later the Sub-Divisional Officer (S.D.O.) had decided the tenancy issue in favor of the petitioner. The respondent No.1 filed a revision before the M.R.T., which set aside those orders by reappreciating the evidence. The petitioner contended that the M.R.T. exceeded its revisional jurisdiction by not limiting itself to jurisdictional error or perversity. The court, after hearing the parties, found that the M.R.T. had indeed acted as an appellate authority by re-evaluating the evidence, particularly the inference regarding absence of bullocks, without recording any finding of jurisdictional error or perversity. The court allowed the writ petition, quashed the M.R.T.'s order, and restored the orders of the Tahsildar and S.D.O.
Headnote
A) Tenancy Law - Revisional Jurisdiction - Section 111 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Scope of Revision - The revisional authority under Section 111 can only interfere if there is jurisdictional error or perversity; it cannot reappreciate evidence and substitute its own findings. The court held that the M.R.T. acted beyond its jurisdiction by re-evaluating evidence without such finding. (Paras 1, 4)
B) Tenancy Law - Reference by Civil Court - Section 125 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Procedure - A civil suit reference to Tahsildar under Section 125 is permissible. The court noted that the reference was made in a civil suit. (Para 4)
C) Tenancy Law - Ingredients of Tenancy - Sections 6 and 8 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 - Burden of Proof - The M.R.T. examined the ingredients of Sections 6 and 8 and found the approach of Tahsildar or S.D.O. unsustainable. The court held that such re-examination without jurisdictional error is impermissible in revision. (Para 3)
Issue of Consideration
Whether the Maharashtra Revenue Tribunal exceeded its revisional jurisdiction under Section 111 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 by reappreciating evidence and arriving at a different conclusion without finding jurisdictional error or perversity.
Final Decision
Writ petition allowed. The judgment of the Maharashtra Revenue Tribunal dated 21.10.2011 in Revision Application No.TEN/B40/2009 is quashed and set aside. The orders of the Tahsildar and Sub-Divisional Officer are restored.
Law Points
- Revisional jurisdiction under Section 111 of Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act
- 1958 is limited to jurisdictional error or perversity
- cannot reappreciate evidence
- Section 6 and Section 8 of the Act
- Section 125 of the Act
Case Details
2018 LawText (BOM) (09) 96
WRIT PETITION NO.854 OF 2012
Shri Anirudh Ananthakrishnan, Advocate holding for Shri R. R. Vyas, Advocate for Petitioner; Shri A.M. Kadukar, AGP for Respondents 3 to 5/State
Mr. Ulhas Vinayak Nirmale
Keshav s/o Yashwant Kale, Mr. Pundlik s/o Sukhdeo Jambhulkar, State of Maharashtra, Tahsildar, Learned Member, Maharashtra Revenue Tribunal
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Nature of Litigation
Writ petition challenging the order of Maharashtra Revenue Tribunal in a tenancy revision application.
Remedy Sought
Petitioner sought quashing of the M.R.T. order dated 21.10.2011 and restoration of orders of Tahsildar and S.D.O.
Filing Reason
Petitioner contended that M.R.T. exceeded its revisional jurisdiction by reappreciating evidence without finding jurisdictional error or perversity.
Previous Decisions
Tahsildar and S.D.O. had decided the tenancy issue in favor of the petitioner; M.R.T. set aside those orders in revision.
Issues
Whether the Maharashtra Revenue Tribunal exceeded its revisional jurisdiction under Section 111 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 by reappreciating evidence and arriving at a different conclusion without finding jurisdictional error or perversity.
Submissions/Arguments
Petitioner argued that revisional jurisdiction under Section 111 could only be exercised if there was jurisdictional error or perversity; in absence of such finding, M.R.T. could not reappreciate evidence.
Respondent/State argued that M.R.T. had looked into provisions of Sections 6 and 8, noted ingredients, and found the approach of Tahsildar or S.D.O. unsustainable, demonstrating perversity.
Ratio Decidendi
The revisional authority under Section 111 of the Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958 can only interfere if there is jurisdictional error or perversity; it cannot reappreciate evidence and substitute its own findings. The M.R.T. acted beyond its jurisdiction by re-evaluating evidence without such finding.
Judgment Excerpts
Contention of petitioner that revisional jurisdiction could have been exercised had there been some jurisdictional error or perversity. In absence of such finding, the learned Member, Maharashtra Revenue Tribunal (M.R.T.) could not have embarked upon fresh consideration of controversy, reappreciated entire evidence and arrived at a totally different conclusion.
Learned A.G.P. has relied upon judgment delivered by M.R.T. in an effort to show that there the learned Member has looked into provisions of Section 6 and Section 8 of Tenancy Act, noted ingredients thereof and then found the approach of Tahsildar or S.D.O. unsustainable.
Procedural History
A civil suit reference was made to Tahsildar under Section 125 of the Tenancy Act. Tahsildar and S.D.O. decided in favor of petitioner. Respondent No.1 filed Revision Application No.TEN/B40/2009 before M.R.T., which was allowed on 21.10.2011. Petitioner filed Writ Petition No.854 of 2012 in the High Court challenging that order.
Acts & Sections
- Maharashtra Tenancy and Agricultural Lands (Vidarbha Region) Act, 1958: Section 6, Section 8, Section 111, Section 125
