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1992 Supreme(SC) 223

YOGESHWAR DAYAL, S.RANGANATHAN, V.RAMASWAMI
Dadu Rau Yelavade – Appellant
Versus
Himmat Rasul Patel – Respondent


Advocates:
ASHOK SINGH, H.VAHI, PUNAM KUMARI, S.V.DESHPANDEY, V.N.GANPULE

Judgment

RANGANATHAN, J.:- This is an appeal from a judgment of the Bombay High Court dismissing a petition filed by Dadu Rau Yelavade (now represented by his legal representatives) under Art. 227 of the Constitution of India.

2. One Anant Gopal Prabhu ( Prabhu , for short ) was the owner of 3 acres 25 gunthas of land bearing Survey No. 54 in village Ingali in Hatakanangale Taluka of Kolhapur district. The lands were under the cultivation of one Rau, who was the father of the petitioner before the High Court. The landlord instituted proceedings under S. 31 read with S. 29 of she Bombay Tenancy and Agricultural Lands Act, 1948 (hereinafter called the Act) against the tenant Rau. During the pendency of these proceedings, Rau died and his tenancy rights were inherited by his four sons, Dadu (predecessor of the present appellants), Mahadu, Ganpati and Shripati. These proceedings came to an end eventually by an order dated 24-5-1961, on which date the petition under S. 29 react with S. 31 was dismissed. Subsequently, proceedings were initiated by the Tahsildar under S. 32G of the Tenancy Act. This was sometime in 1969 and will be referred to later. In the meantime, on 27-4-1961, the land













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