Deen Dayal and Sons Partnership Firms Thr Its Partner v. the Maharashtra Revenue Tribunal Pune and Ors.
Case brief
What is this about?
Tenancy — Maharashtra Tenancy and Agricultural Lands Act, 1948 — Section 84C suo motu proceedings — State Government mutated as owner, purchaser's name deleted — certified copy of Section 84C order unavailable ('not found in the records', 10/05/2011) — Section 74 appeal before SDO dismissed on delay (11/09/2015) with merits observations — MRT revision dismissed 23/06/2023 as incompetent (appeal without certified copy of Tahsildar's order), liberty to file fresh appeal subject to limitation — Mohamad Kavi Mohamad Amin v. Fatmabai Ibrahim (1997) 6 SCC 71 held distinguishable — Bombay High Court declines interference; civil Court route open for title; remedies before SDO open if order furnished or adverse claim made; legality of initiation of Section 84C proceedings kept open; petitions disposed of, no cost.
What did the court decide?
Petitions (WP Nos. 9032–9035 of 2024) disposed of by common order without interfering with the MRT's order dated 23/06/2023; the MRT-granted liberty to file a fresh appeal before the SDO after obtaining the certified copy of the Tahsildar's Section 84C order, subject to limitation, remains; Petitioner free to establish title before the competent civil Court; all contentions, including the legality of initiation of Section 84C proceedings, kept open; SDO's merits observations of 11/09/2015 not to influence fresh proceedings; no cost.