Pirkha Lalkha Pathan through his heirs, Tajmahmad Pirkha and Another vs Banuba Nasrubhai and Others

K.S. Jhaveri, J.—By way of this petition the Petitioners challenge the order passed by the GRT dated 22/01/1996 in Revision Application No. TEN.BA/778/90 and further prayed to direct Respondent No. 1 to handover the possession of the disputed land to the Petitioners in presence of the Panchas as per the order of the learned Mamlatdar and ALT dated 15/02/1983.

Learned Advocate for the Petitioners has submitted that both the appellate authorities have erred in law in holding that the ingredients of Section 32(1)(B) of the Bombay Tenancy and Agricultural Lands Act, are not satisfied. He further submitted that Respondent - landlord has dispossessed the Petitioners-tenant without following the procedure of Tenancy Act.

Learned Assistant Government Pleader for the Respondent - authority has submitted that the order passed by the authority is just and proper and does not require to be interfered with.

Having heard the learned Advocates appearing for the respective parties and having perused the order passed by the authority, I am of the opinion that the authorities below have rightly considered evidence on record. The Tribunal has remanded the matter to the Deputy Collector twice and thereafter the order passed by the Deputy Collector attained the finality. The Tribunal has rightly held that ingredients of Section 32(1B) of the Tenancy Act are not fulfilled, as the right of the Petitioner as tenant is not established considering the evidence on record. This Court is in complete agreement with the findings arrived and conclusions made by the authorities. The petition devoid of merits requires to be dismissed and is accordingly dismissed. Rule is discharged with no order as to costs. Interim-relief, if any, stands vacated.