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1989 Supreme(SC) 37

L.M.SHARMA, N.D.OJHA
Mugajj Laxman Padule Through His Heirs – Appellant
Versus
Trimbak Wasdeo Kulkarni – Respondent


Advocates:
P.H.Parekh, PINAKI MISHRA, SUNITA SHARMA, V.D.KHANNA, V.N.GANPULE

JUDGMENT

SHARMA, J. :— The subject matter of this appeal is 13.30 acres of land in Sholapur District, within the State of Maharashtra. The appellants are the heirs of one Mugaji Laxman Padule, who was the tenant of the land for about 3 decades before the Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter referred to as the Act) was enacted. Under the provisions of the Act, Mugaji was entitled to purchase the land on satisfaction of certain conditions. Admittedly he did not satisfy these conditions and said so before the authorities concerned. The landlords who are now represented by the respondents, were claiming possession of the area under the Act. Mugaji, subsequently, made a claim to the Land on another basis. On his death in 1962, his heirs the appellants were substituted. The matter was considered by several authorities under the Act, who ultimately rejected the appellants case. The appellants, thereafter moved the Bombay High Court by an application under Article 227 of the Constitution of India, which was rejected by the impugned judgment.

2. The procedure for the tenant to purchase the land is laid down in Sec. 32-G of the Act. It enjoins the Agricultural Lands Tr




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