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1965 Supreme(Bom) 3

H.K.CHAINANI, S.P.KOTVAL
Niranjanshing – Appellant
Versus
Bhagatrai and Anr. – Respondent


ORDER

(1) Opponent No. 1 (hereinafter referred to as the opponent) was the inamdar of the lands in dispute survey Nos. 65 and 66. This inam was abolished by the Hyderabad Abolition of Inams and Cash Grants Act 1954 (hereinafter referred to as the Act) with effect from 20-7-1955. The lands were then in possession of the Court Receiver who had been appointed in a suit between the opponent and some other persons. The possession of the lands was restored to the opponent some time in 1956. At that time there was no tenant on the lands. On 5-4-1957 the opponent leased the lands to the petitioner. On 6-9-1961 the petitioner made an application to the Tahsildar that he should be recognised as having become the occupant of the lands under Section 6 of the Act. The Tashildar held an enquiry. He was of the opinion that as the opponent was in possession of the lands in 1955, he was entitled to occupancy rights. He therefore, rejected the application made by the petitioner. Against this order the petitioner appealed to the State Government, but Government declined to interfere with the order made by the Tahsidar. Thereafter the present application was filed.

(2) It has been urged by Mr. Kurdukar,















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