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1987 Supreme(Bom) 4

A.C.AGARWAL
Laxman Dhondu Bhor, since deceased through his heirs Vithoba Laxman Bhor & others – Appellant
Versus
Chintaman Bhimnrao Pagare & others – Respondent


JUDGMENT - AGARWAL ASHOK, J.: - It is indeed unfortunate and depressing to note that a short question as to whether the deceased original applicant, hereinafter called as 'the Petitioner' is a tenant in respect of a small piece of land admeasuring 33 gunthas entitled to purchase the same under section 32-G of the Bombay Tenancy Act, initiated as far back as in the year 1967 in still pending decision upto this date.

2. The land in dispute being Survey No. 258/22-A, Gat No. 1794 was purchased by the predecessor of the respondents some time in 1929. The said land was mortgaged to one Chapji Pagare on the 24th April, 1931, who in turn assigned his rights to Ahila Chima Pagare on the 27th of April, 1935. On the 17th May, 1957 the said mortgage was redeemed by the present respondents.

3. The proceedings under section 32-G were initiated and the learned Additional Tahsildar, by his judgment and order dated the 18th January, 1968 dropped the said proceedings on the ground that the respondent No. 1 was then a minor and subsequently the tillers' day had been postponed. In the said proceedings the respondent No. 3 landlady had duly appeared and her statement was recorded. In the said statement














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