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1983 Supreme(Bom) 43

R.D.TULPULE
Narhar Shamrao Deshpande – Appellant
Versus
Lakhu Raghu Dalvi (since decd. ) through his heir, Yeshwant – Respondent


JUDGMENT - R.D. TULPULE, J.:---This petition challenges the order passed by the Revenue Tribunal in Revision Application No. SS-403/1976, confirming the order passed by the Collector, Sangli, in Tenancy Appeal No. 23 of 1975.

2. Survey No. 119 of Village Padali in Khanpur Tahsil, District Sangli, according to the petitioner, was in his possession, the land belonged to the Datta Devasthan, Vita, a public trust. According to the petitioner, this land was originally leased by a registered lease deed on the 28th of September, 1903 by the predecessor of the respondent-tenant. The respondent was inducted in the land in the year, 1947. Thereafter it is his contention that as the petitioner landlord was a minor, upon his majority, he served a notice upon the tenant on 7th October, 1960 seeking to terminate his tenancy and restoration of possession of land for personal cultivation. He filed that suit on the 17th of November, 1960 before the Tenancy Aval Karkun.

3. During the pendency of that proceeding it appears, another application came to be filed on the 9th June, 1964, which was Tenancy Application No. 47 of 1964. That was an application for possession on the ground that the tenant-respon









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