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1996 Supreme(Kar) 230

M.M.MIRDHE
HANAMANTHA GAVADU PATIL – Appellant
Versus
LAND TRIBUNAL, KHANAPUR – Respondent


M. M. MIRDHE, J.

( 1 ) THIS writ petition is filed by the petitioner praying to quash the order passed by respondent 1 rejecting Form No. 7 filed by the petitioner.

( 2 ) I have heard the learned Counsel for the petitioner and the learned Additional Government Pleader for respondents 1, 2 and 4 and the learned Counsel for respondent 3.

( 3 ) THE petitioner filed Form No. 7. That Form No. 7 came to be rejected by respondent 1 by the impugned order. It is this order that is challenged in this writ petition.

( 4 ) THE contention of the Counsel for the petitioner is that not only the father of the petitioner but also the petitioner was the tenant of the suit land and though the petitioner's father had surrendered the land before the Land Tribunal at Khanapur in the year 1967 it was done due to the fraud practiced by respondent 3 on the petitioner's father and that no possession has been taken by the respondent 3 in pursuance of the surrender order. She also submitted that the petitioner had filed a suit at O. S. No. 28 of 1970 which is still pending for declaration that he is the tenant and that an injunction has been issued against respondent 3 in that suit.

( 5 ) AS against these argu





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