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Bombay High Court Quashes Maharashtra Revenue Tribunal Order Overturning Concurrent Findings of Authorities, Upholds Tenant’s Deemed Purchase Rights under Land Tenancy Law, Emphasising Limits of Revisional Jurisdiction under Section 76 of Tenancy Act

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“Revisional authorities under Section 76 cannot re-appreciate evidence or act as appellate bodies, particularly when concurrent factual findings exist.”


Court’s Decision

The Bombay High Court allowed the writ petition, quashing the Maharashtra Revenue Tribunal (MRT) order dated 01.01.1998 which had reversed two concurrent orders passed by the Additional Tahsildar & A.L.T., Panhala (dated 10.07.1990) and Assistant Collector, Shahuwadi Division (dated 25.01.1991), and restored these original orders.

The High Court held that:


Facts

The case involved agricultural land in Panhala, originally tenanted by the petitioner’s adoptive father. The landlord’s predecessor applied for an exemption under Section 88C, which was partially granted for 3/8th of the land, with the remaining 5/8th reverting to the tenant. Subsequent proceedings under Section 32G declared the petitioner as the deemed purchaser for the 5/8th share. The MRT reversed these findings on the landlord’s revision, leading to the present writ.


Issues

  1. Whether the MRT could re-appreciate evidence and overturn concurrent factual findings under Section 76 of the Maharashtra Tenancy and Agricultural Lands Act.
  2. Whether the petitioner’s status as deemed purchaser of 5/8th share was legally valid.
  3. Whether procedural limitations on the MRT were violated.

Petitioner’s Arguments


Respondent’s Arguments


Analysis of the Law


Precedent Analysis

These cases were applied to emphasise that the MRT had no jurisdiction to reverse findings of fact when supported by evidence.


Court’s Reasoning


Conclusion

The MRT’s order dated 01.01.1998 was quashed. The orders of the Additional Tahsildar dated 10.07.1990 and the Assistant Collector dated 25.01.1991 were restored, affirming:

The writ petition was allowed and disposed of.


Implications

  1. Reinforces limitations on MRT’s revisional jurisdiction under Section 76 to legal and procedural errors only.
  2. Affirms tenant rights under Section 32G when partial exemption under Section 88C is granted to landlords.
  3. Protects stability of concurrent factual findings by lower authorities, preventing re-litigation of settled facts.

Cases Referred and Their Relevance

These cases strengthened the High Court’s reasoning to restore the lower authority’s orders.


FAQs

1. Can the Maharashtra Revenue Tribunal re-appreciate evidence while exercising revisional jurisdiction under Section 76 of the Tenancy Act?
No. It can only intervene on questions of law, procedural irregularity, or jurisdictional error.

2. Does an exemption under Section 88C affect the tenant’s right to purchase the remaining land?
Yes, the tenant remains entitled to purchase the unexempted portion under Section 32G.

3. What happens if concurrent factual findings are reversed by the revisional authority?
Such reversal is beyond jurisdiction unless findings are perverse or legally flawed, making them liable to be quashed.

Also Read: Manipur High Court Sets Aside National Security Act Detention for Alleged Banned Organization Activity, Citing “Liberty Cannot Be Subordinated Without Procedure Established By Law” Due to Non-Supply of Legible Documents and Non-Application of Mind

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