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1996 Supreme(SC) 2078

FAIZAN UDDIN, M.M.PUNCHHI
Ganayya – Appellant
Versus
Radhabai – Respondent


ORDER

1. This is an appeal against the order dated 17-1-1985 passed by the High Court of Bombay, Nagpur Bench, in Writ Petition No. 2315 of 1980 dismissing the petition of the appellants filed under Article 227 of the Constitution of India challenging the order dated 24-4-1980 passed by the Maharashtra Revenue Tribunal, Bombay affirming the orders passed by the Sub-Divisional Officer and Additional Tehsildar conferring the rights of statutory ownership on Nagayya the real uncle of the appellants on the view that he was lawful in cultivating possession of the property as a tenant on 1-4-1961 and 1-4-1963.

2. The deceased Nagayya Jangam, the predecessor-in-interest of the respondent Radhabai and others was the real brother of late Kashinathayya, the father of the appellants who made an application on 5-1-1973 under Section 48 read with Sections 46 and 49-A of the Bombay Tenancy and Agricultural Lands Act, 1958 for conferral of ownership rights in respect of Field Survey No. 82/2 admeasuring 10 acres and 25 gunthas situated in Village Rithad in Akola District against the appellants herein and his married sister Kausalayabai Malkarjun Jangam. The statutory ownership right was conferred




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