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1981 Supreme(Bom) 265

M.P.KANODE
Dnyanoba Sukhdeo Lande & another – Appellant
Versus
Shrirang Mahataraji Dhurwade – Respondent


JUDGMENT - M.P. KANADE, J.:---Question of law involved in this second appeal is as to whether the appellants are entitled to protect their possession under the provisions of section 53-A of the Transfer of Property Act, 1882 in respect of a land of which the plaintiff has become owner by operation of law under the provisions of section 38-E of the Hyderabad Tenancy and Agricultural Lands Act, 1950 (hereinafter referred to as "the Hyderabad Tenancy Act"). The said question arises out of the following facts.

2. Respondent Shrirang Mahataraji Dhurwade filed a Regular Civil Suit No. 5 of 1971 in the Court of the Joint Civil Judge, (Junior Division), Beed, for restoration of possession of agricultural land Survey No. 24 admeasuring 6 acres 36 gunthas situated at village Sandarwan, Taluka and District Beed. Originally, one Baburao Ganpatrao Land was the owner of the said land. The plaintiff, that is, the respondent in this appeal, was a protected tenant of the said land and under the provisions of section 38-E of the Hyderabad Tenancy Act, he was declared owner and the price of the land was also fixed. The plaintiff deposited the entire sale price and obtained a certificate of ownership a











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