Smt. Hirabai Dayaprasad Shinde & Ors. Vs. Tukaram & Ors.
EmailAppeal: Civil Appeal Nos. 2251-2252 of 1977.
Petitioner: Smt. Hirabai Dayaprasad Shinde & Ors.
Respondent: Tukaram & Ors.
Apeal: Civil Appeal Nos. 2251-2252 of 1977.
Judges: E.S. VENKATARAMIAH & K.N. SINGH, JJ.
Date of Judgment: Nov 27, 1987
Head Note:
PRACTICE & PROCEDURE
Remand of case to the Trial Court by the Maharashtra Revenue Tribunal up
Held:
No opinion expressed in respect of the contentions of the parties before the Court – Liberty to both the parties to raise all contentions before the High Court.
Held –
JUDGEMENT:
O R D E R
1. These appeals are filed directly against the order of the Maharashtra Revenue Tribunal, Bombay dated December 4, 1976 in Tenancy Appeal Nos. 219-220 of 1976 by which the Tribunal has remanded the case to the Trial Court for fresh disposal in accordance with law. Having regard to the facts of these cases we feel that these appeals should be disposed of affirming the order of remand but leaving the contentions of the appellants as well as the respondents urged in this Court open, so that the said contentions may be considered by the High Court in the event of this case reaching the High Court at the instance of any of the parties. We accordingly dispose of these two appeals without expressing any opinion on the contentions raised by the parties. The Trial Court shall try to dispose of the cases in accordance with the order of remand passed by the Tribunal as expeditiously as possible since these are very old cases. We reserve liberty to both the parties to raise all the contentions including the contentions urged by the appellants against the order of remand before the High Court. Who ever is in possession today of the lands which are involved in these proceedings shall continue to be in possession until the cases are disposed of by the Trial Court. There is no order as to costs.
1. These appeals are filed directly against the order of the Maharashtra Revenue Tribunal, Bombay dated December 4, 1976 in Tenancy Appeal Nos. 219-220 of 1976 by which the Tribunal has remanded the case to the Trial Court for fresh disposal in accordance with law. Having regard to the facts of these cases we feel that these appeals should be disposed of affirming the order of remand but leaving the contentions of the appellants as well as the respondents urged in this Court open, so that the said contentions may be considered by the High Court in the event of this case reaching the High Court at the instance of any of the parties. We accordingly dispose of these two appeals without expressing any opinion on the contentions raised by the parties. The Trial Court shall try to dispose of the cases in accordance with the order of remand passed by the Tribunal as expeditiously as possible since these are very old cases. We reserve liberty to both the parties to raise all the contentions including the contentions urged by the appellants against the order of remand before the High Court. Who ever is in possession today of the lands which are involved in these proceedings shall continue to be in possession until the cases are disposed of by the Trial Court. There is no order as to costs.
