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1999 Supreme(SC) 582

S.N.PHUKAN, G.T.NANAVATI
Appa Narsappa Magdum – Appellant
Versus
Akubai Ganapati Nimbalkar – Respondent


Judgment

Nanavati, J.-In this appeal, the appellant, who was a tenant of Shevantibai, is questioning the order passed by the Bombay High Court dismissing his Writ Petition, wherein he had questioned the legality of the order passed by the Maharashtra Revenue Tribunal confirming the order passed by the Sub-Divisional Officer, Karvir Division, Kolhapur in TNC Appeal No. 192/79.

2. As landlady - Shevantibai was a widow, the deemed date of statuto­ry purchase by the appellant-tenant was postponed. It is not in dispute that his right to purchase the land was for that reason gover­ened by the provisions of Section 32F of the Bombay Tenancy and Agri­cultural Lands Act, 1947. Shevantibai died on 8.12.65. The appellant thereafter on 15.6.68 gave an intimation to the heirs of Shevantibai that he was interested in purchasing the land under Section 32F of the Act. On 9.7.68, the legal representatives of Shevantibai applied under Section 32P of the Act for a declaration that as the tenant had not complied with the requirements of Section 32F the sale has become ineffective and therefore the possession of land may be restored to them as their holding was less than the ceiling area. The Tehsildar g





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