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1. Rule. With consent rule is made returnable forthwith.

2. This petition takes exception to the Judgment and Order dated 31st December, 2019 passed by the Maharashtra Revenue Tribunal (MRT), Pune in Revision Application NO. P/I/1/2017. By the impugned judgment, the MRT has set aside the order dated 30/01/2015 passed by learned Tahsildar, Maval in Tenancy Case No.32-G/SR/52/2013, and order dated 18.12.2016 passed by learned Sub Divisional Officer in Tenancy Appeal SR/142/2015 and consequently dismissed the proceedings filed by the Petitioner under Section 32G of Maharashtra Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as 'the Act').

3. The dispute in the present case is in respect of an agricultural land under Survey No. 70/1 (New Gat No.199) Village, Sudawadi, Maval, Pune. It is not in dispute that the said land was owned by Vitthal Ganesh Kulkarni. The said Salgaonkar land was in possession of Bhika Dhondu Mahar, the grand father of the Petitioner, as a tenant. The Petitioner claims that his father Jaywant Bhika Mahar continued to be in possession of the said land as on the Tillers day and as such became deemed purchaser under the provisions of the Act.

18. In the instant case, it is not in dispute that the subject land was owned by Vithal Ganesh Kulkarni. Bhika Mahar @ Shinde, the grandfather of the Petitioner was a protected tenant in respect of the said land. The cultivators column in 7 x 12 extract indicates that the said land was cultivated by Bhika Dhondu Mahar till the year 1954-55. Mutation Entry No.702 effected on 13.6.1955 records that possession of the subject land was taken from Bhika Dhondu Mahar @ Shinde and handed over to Vithal Ganesh Kulkarni based on the order dated 7.1.1955 passed by the ld. Mamlatdar, Maval, in Tenancy Case No.3/55 and a possession receipt in that regard Salgaonkar was prepared and taken on record. The Respondents have relied upon this entry to contend that the original owner was in possession of the subject land as on the Tillers day.

24. Under the circumstances, the Petition is allowed. The impugned order dated 31st December, 2019 passed by the MRT Salgaonkar in Revision Application No.P/I/1/2017 is quashed and set aside. The decision of the learned SDO, Maval-Mulshi, Pune in Tenancy Appeal/SR/142/2015 as well as the decision of learned Tahasildar @ Maval in Tenancy Case No.32-G/SR/52/2013 is restored. Rule is made absolute in above terms. There shall be no order as to costs.