1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9361 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. K.H. Holambe Patil for the petitioners. CORAM : D.G. KARNIK, J. DATE : 22ND JUNE 2010 P.C. : 1. By this petition, the petitioners challenge the order dated 26th August 2009 passed by the President, Maharashtra Revenue Tribunal (for short “the M.R.T.”) dismissing the revision application filed by the petitioners. 2. Proceedings under section 32-G of the Bombay Tenancy and Agricultural Land Act (for short “B.T.A.L. Act”) was initiated after 1st April 1957 wherein the cousin of the petitioners was 2 held to be a tenant by an order of the Agricultural Land Tribunal (for short “the A.L.T.”) dated 19th October 1963 passed under section 32-G of the B.T.A.L. Act. Thereafter in a collateral proceedings being Tenancy Case No. 14 of 2001 initiated by the petitioners, they claimed a declaration that they were protected tenants. The A.L.T. rejected that application holding that the petitioners were not the protected tenants. On appeal, the Sub- Divisional Officer confirmed the said order on 24th April 2003. The M.R.T. has confirmed the said decision of the lower appellate court. 3. Firstly, the issue whether the petitioners are protected tenants or not is a question of fact and the three courts below have concurrently recorded a finding that they are not. The finding being a possible finding of fact calls for no interference in exercise of writ jurisdiction. 4. Even otherwise, I am satisfied that the 3 petitioners could not have applied for a declaration that they were protected tenants in a collateral proceeding commenced in the year 2001 after their cousin was held to be a tenant in the year 1963. There is no merit in the writ petition which is hereby rejected. (D.G. KARNIK, J.)