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1983 Supreme(SC) 263

D.A.DESAI, R.B.MISRA
Krishnabai Anaji Ghule – Appellant
Versus
Nivrutti Ramchandra Raykar – Respondent


Advocates:
Altaf Ahmed, MANIK KARANJAVALA, P.H.Parekh, U.R.Lalit, V.D.KHANNA, V.M.TARKUNDE, V.N.GANPULE

Judgment

DESAI, J.:- Two decades have elapsed since the commencement of the proceedings involving a simple issue whether the first respondent designated as certificated landlord is entitled to recover possession of land bearing Survey No. 14/A/2 admeasuring 7 acres and 13 gunthas situated at Village Manjari Badruk Taluka Haveli Distt. Poona in Maharashtra State from appellants 1 to 3 who are heirs of excluded tenant Shri Ghule and appellant No. 4 who is also an excluded tenant.

2. A brief resume of the various proceedings leading to the present appeal may shed some light on a simple issue involved in this appeal.

One Ramchandra Gopal Raykar, father of the first respondent landlord leased land included in Survey No. 14/A/2 to two different persons. Land admeasuring 4 acres out of total area of 7 acres and 13 gunthas was leased to Shri Anaji Maruti Ghule. Appellants Nos. 1 to 3 are the heirs and legal representatives of Sh. Ghule. The remaining 3 acres and 13 gunthas of land was leased to Vishnu Maruti Tilekar appellant No. 4 in this appeal.

3. After a partition in the family of the landlord, the land involved in this appeal fell to the share of the first respondent landlord. He moved an
























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