AIR 1979 SUPREME COURT 1326 ::(1980) 3 MahLR 9 ::1979 (4) SCC 391 ::1979 UJ(SC) 304 ::(1979) Mah LJ 677

Supreme Court Of India

(From : Bombay)

Hon'ble Judge(s): R. S. Sarkaria, O. Chinnappa Reddy , JJ

Bombay Tenancy and Agricultural Lands Act (67 of 1948) , S.76, S.70(b)— Powers of Revision - Scope - Collector's finding based not on pleading or evidence - Collector acts contrary to law to warrant interference in revision. The powers of Revision entrusted to the Maharashtra Revenue Tribunal under S. 76 of the Bombay Tenancy and Agricultural Lands Act. 1948, are practically identical with the Second Appellate powers of the High Court under S. 100 Civil Procedure Code before it was amended by Act 104 of 1976. Where in a case the Special Deputy Collector in the proceedings under S. 70 (b) of the Bombay Tenancy and Agricultural Lands Act, 1948 bases his finding that the applicant was in possession of the land not as a tenant but as a purchaser not on the pleadings or on the evidence there cannot be slightest doubt that the Special Deputy Collector acts contrary to law and the Revenue Tribunal acts within its jurisdiction in interfering with such an order.(Para 3)