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2004 Supreme(SC) 1474

SHIVARAJ V.PATIL, B.N.SRIKRISHNA
Fulchand Bhagwandas Gugale – Appellant
Versus
State Of Maharashtra – Respondent


JUDGMENT

Srikrishna, J.-These two appeals by special leave arise out of different judgments of the High Court of Judicature at Bombay, Aurangabad Bench, but are factually interconnected. It would, therefore, be convenient to dispose them of by a common judgment.

Facts in Civil Appeal No. 6142 of 2002:

2. Appellants are two brothers and sons of one Bhagchand Navalmal Gugale. The father of the appellants was the owner of agricultural land in Survey No. 2 of Pathardi village, Distt. Ahmednagar. The father of the appellants sold 14 acres of land from Survey No. 2 to Respondent No. 4, Agricultural Produce Market Committee (A.P.M.C.) by a registered sale deed dated 11.4.1960. Consequent to this sale, Survey No. 2 was divided into two parts, i.e., Survey No. 2/1 and Survey No. 2/2. The portion of the land sold to the Fourth respondent-Committee came to be marked as Survey No. 2/2 and the land which remained with the appellants came to be marked as Survey No. 2/1.

3. The Director, Agricultural Produce Marketing, Pune addressed a letter dated 17.5.1980 to the Fourth respondent-Committee informing them inter alia that in order to be eligible for Central Government s financial assistance, the Fou

























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