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1971 Supreme(Bom) 111

R.R.BHOLE
Bhikubai Bhima Gaidhane and Anr – Appellant
Versus
Khandu Daji Pagar and Anr – Respondent


JUDGMENT - 1. The petitioner-landlord is the owner of S. No. 270/1-A-1-B admeasuring 30 gunthas assessed at 12 paise. The lands are situate in village Palse in district Nasik. The proceedings under Section 32-G of the Bombay Tenancy and Agricultural Lands Act (hereinafter called "the Tenancy Act") were instituted in the year 1960. The Agricultural Lands Tribunal wanted to determine the price of land to be paid by the respondent. The respondent in those proceedings gave a statement stating that he was not in possession of the land on 1-4-1957 and that he was also not a tenant of the said land at that time. In consequence of that statement the Mamlatdar by his order dated 27-10-1960 dropped the proceedings. Later on the respondent filed an appeal against this order stating that there was some misunderstanding on his part while giving the statement. While the appeal was pending before the Deputy Collector the respondent is alleged to have taken forcible possession of the suit land in the year 1961-62. The Deputy Collector confirmed the order of the Mamlatdar on 27-11-1963 and dismissed the appeal.

2. The Mamlatdar also started proceedings in 1964 under Section 32-B of the Tenancy Act a









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