ASHOK BHUSHAN, NAVIN SINHA
VAIJINATH S/O YESHWANTA JADHAV DECEASED BY L. R. – Appellant
Versus
AFSAR BEGUM, WIFE OF NADIMUDDIN, DECEASED BY L. Rs. – Respondent
JUDGMENT
NAVIN SINHA, J.
The appellant assails the order dated 01.02.2010 dismissing his writ application and the affirmation of the same by the Division Bench dated 19.03.2018, in appeal.
2. The predecessor of the appellant was granted the status of a statutory tenant under Section 38E(1) of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as ‘the Act’) with regard to Survey No.189 and 202/AA in village Ghat Nandur on 01.02.1959. The original land owner Nadimuddin, predecessor of the respondents nos.1 and 2 (hereinafter referred to as ‘respondents’), filed an application under Section 44 of the Act for resuming the lands for personal cultivation. It was rejected on 22.04.1960. Nadimuddin did not challenge the rejection till his death on 21.01.1962. The statutory certificate was then issued to the appellant predecessor on 24.03.1970 after examination by the Agricultural Land Tribunal Ambajagai under Section 38E(2) of the Act. The respondents, sons of Nadimuddin, laid a fresh challenge to the certificate dated 24.03.1970 after the latter’s death. It was rejected by the Deputy Collector on 19.04.1971, affirmed by the Maharashtra Revenue Tribunal (hereinaft
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