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2009 Supreme(SC) 1525

R.M.LODHA, TARUN CHATTERJEE
Santoshkumar Shivgonda Patil – Appellant
Versus
Balasaheb Tukaram Shevale – Respondent


Advocates appeared:
For the Appellants:Dr. Rajeev B. Masodkar, Anil K. Jha, Advocates.
For the Respondents:Shivaji M. Jadhav, Advocate.

Judgment :-

R.M. Lodha, J.

Delay condoned in SLP (c) No.22662/09 CC 2563.

2 Leave granted in both matters.

3. The short question that arises for consideration in this appeal by special leave is whether power of revision in Section 257 of Maharashtra Land Revenue Code, 1966 can be exercised at any time although no time has been prescribed for exercise of such power.

4. Takawade Gat No. 1157 (Old Survey No. 201/1) admeasuring 6H65R originally belonged to one N.R. Deshpande. The land was an inam land which was resumed on August 1, 1955. On the date of resumption, there were four tenants holding 1/4th share each. Tukaram Sakharam Shevale, predecessor in title of Respondent Nos. 1 to 5, one of such tenants, thus, held land admeasuring 1H 66R. The original landlord, N.R. Deshpande, was required to pay occupancy price before July 31, 1965 which he did only to the extent of 3/4th in respect of lands possessed by three tenants other than Tukaram Sakharam Shevale. The 3/4th portion was, thus, regranted and later on sold to the tenants occupying such portion. As regards 1/4th portion occupied by Tukaram Sakharam Shevale, it appears that no occupancy price was paid and this portion was resumed



























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