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1984 Supreme(Bom) 116

M.N.CHANDURKAR
Karbhabi alias Joseph Shankar Nikam – Appellant
Versus
Rahibai Anaji Gite and another – Respondent


JUDGMENT - Chandurkar M.N.C. J.-In all these three petitions the question involved is whether the petitioner, who is the same person in all the petitions, had on conversion to Christianity, ceased to belong to Bhil tribe in the district of Ahmednagar.

2. The question arose in the context of a claim made by the petitioner for restoration of possession of the land sold by him to the three respondents. The claim for restoration was made under section 36(2) and (3} of the Maharashtra Land Revenue Code, 1966, before the Tahsildar, Sangamner. A certificate of baptism was produced before the Tahsildar which showed that the petitioner whose name is given as Karbhari alias Joseph Shankar Nikam, had been converted to Christianity. Relying on this certificate, the Tahsildar held that the petitioner had become a Christian and hence proceed ings should be dropped.

3. The petitioner filed an appeal to the Revenue Tribunal. The Revenue Tribunal noted the fact that the petitioner had admittedly been con verted to Christianity on 23rd July 1967. Before the Tribunal reliance was placed on a Government Resolution issued by the State Government, being Government Resolution No. CBC.1O58-E dated 14th May











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